Naved Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27060 of 2022 Arising Out of PS. Case No.-46 Year-2018 Thana- RAUTA District- Purnia ====================================================== NAVED ALAM S/o Jamil Akhtar Resident of Village - Dhobania, P.S. - Routa, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2022 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 and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B, 201, 120B and 302 of the Indian Penal Code.

As per the prosecution case, it is alleged that daughter of the informant was married to the petitioner five years ago, after one year of marriage her in-laws started demanding dowry and began to torture her. On 06.05.2018 at 2:00 AM, husband of the deceased informed the informant that his daughter is

Patna High Court CR. MISC. No.27060 of 2022(2) dt.01-09-2022 2/3 traceless. The informant and his family members reached the matrimonial house of the daughter and started searching her. During the course of search, the informant and his family members reached the bank of Kankai river and saw that several dogs have gathered at the bank of river. The informant and his family members went there and found the dead body of his daughter hidden beneath the sand near the river. It is alleged that all the accused persons including this petitioner committed murder of the informant's daughter and hid her dead body beneath the sand at the bank of the river. It is alleged that a love affair was going on between this petitioner and another lady named Javi Parveen.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the trial is going on and two witnesses have been examined. The informant has been examined as P.W. 2 and he has stated that he does not know how his daughter died. The petitioner is the husband of the deceased. The petitioner neither demanded dowry nor tortured her. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody

Patna High Court CR. MISC. No.27060 of 2022(2) dt.01-09-2022 3/3 since 07.05.2018.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the bail of the petitioner has already been rejected earlier by the Coordinate Bench vide order dated 19.12.2018 passed in Criminal Misc. No. 72594 of 2018.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, Purnea in connection with Rauta P.S. Case No. 46 of 2018.

The application stands allowed.

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