Patna High CourtCR. MISC./32523/2021bail rejected

Md. Mustak @ Dukhan Mian v. The State Of Bihar

2022-02-07Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32523 of 2021 Arising Out of PS. Case No.-567 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== MD. MUSTAK @ DUKHAN MIAN Son of Md. Ramjan Mian Resident of Village- Jhalakdiha, P.S.- Rajauli, District- Nawada. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijendra Kumar, Advocate.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-02-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner, who is in custody since 07.12.2020, seeks regular bail in connection with Rajauli P.S. Case No. 567 of 2020 for the offence punishable under Sections 366, 302 and 201 of the Indian Penal Code.

The deceased Babita Kumari @ Kobia who was in love affairs with the petitioner accompanied him and after three days, the informant came to know that her daughter has been murdered. It appears from the case diary that the independent

Patna High Court CR. MISC. No.32523 of 2021(4) dt.07-02-2022 2/2 witnesses have supported the case of the informant and from the post mortem report, the doctor has opined that blood was oozing out from the private part of the deceased, who has been strangulated by using a firm chord and was hanged on a tree using the saree of the deceased.

Considering the allegation made in the F.I.R. as well as materials available on record, I am not inclined to enlarge the petitioner on bail.

Accordingly, the present bail application is rejected. The trial court is directed to conclude the trial expeditiously.

If no substantial progress takes place in the trial, the petitioner, if so advised, may renew his prayer for bail. (Purnendu Singh, J) mantreshwar/- U T