Md. Salam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25748 of 2022 Arising Out of PS. Case No.-21 Year-2021 Thana- BARSOI District- Katihar ====================================================== MD. SALAM Md. Dukhwa R/o- Paharpur, P.S.- Barsoi, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Amitesh Kumar For the informant/s :

Mr. Ratnakar Ambastha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State. The petitioner has preferred this application for grant of regular bail in a case registered u/s 302 and 120B read with 34 of the Indian Penal Code.

As per the prosecution case, there was love affair between the daughter of the informant namely Sohagi Khatoon and the petitioner namely Md. Salam and due to this reason, she became pregnant. Thereafter, at the instance of the co-accused Md. Oli, the daughter of the informant was handed over to the co-accused Md. Oli and the petitioner Md. Salam by the sister-

Patna High Court CR. MISC. No.25748 of 2022(3) dt.12-10-2022 2/2 in-law of the informant. Thereafter, the informant learnt that his daughter was killed and when he went to the place of occurrence, he found his daughter's dead body lying in the wheat field with a yellow plastic rope around her neck. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2021. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner of committing murder of the deceased and nine witnesses have already been examined by the learned Court below.

Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge this petitioner above-named on bail.

Learned Trial Court is directed to expedite the trial and conclude the same at the earliest.

The bail petition stands rejected.

(Chandra Prakash Singh, J) shobhakri/- U T