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Patna High CourtCR. MISC./25939/2019bail rejected

Mustakim Ansari v. The State Of Bihar

2019-07-11Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25939 of 2019 Arising Out of PS. Case No.-100 Year-2018 Thana- SATHI District- West Champaran ====================================================== MUSTAKIM ANSARI Son of Ali Hassan Mian Resident of VillageLachhnauta, Tiwari Tola, Police Station- Sathi, District- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner, informant and the learned APP for the State.

The petitioner seeks bail in Sathi P. S. Case No. 100 of 2018 instituted for the offence under Section(s) 304B, 201/34 of the Indian Penal Code.

Petitioner is husband of deceased.

In the written report, it is alleged that daughter of informant was married with petitioner 12 years ago. She lived in her sasural for one year properly. Thereafter daughter of informant informed the informant that her husband and his other family members were demanding motorcycle and buffalo as dowry and for non fulfillment of demand of dowry petitioner and his other family members subjected her to cruelty. It is further alleged that on 15.6.2018 informant got

Patna High Court CR. MISC. No.25939 of 2019(4) dt.11-07-2019 2/3 information that his daughter has been killed and her dead body has been buried somewhere to conceal the evidence Case diary has been received, wherein the postmortem report of the deceased is available.

Learned counsel for the informant has appeared and opposed the prayer for bail. He submits that at several paragraph of the case diary it has come that after committing murder of daughter of informant her dead body has been buried and no information was given by the petitioner to informant. The information was given to the informant by the villagers that his daughter has been murdered. He further submits that minor child of the deceased is living with informant not with petitioner.

Postmortem report shows that 80% of the area was burnt and cause of death was opined by doctor due to thermal burn injury.

Therefore, this Court is not inclined to grant bail to the petitioner. The prayer for bail of the petitioner stands rejected.

Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of nine months from date receipt of copy of

Patna High Court CR. MISC. No.25939 of 2019(4) dt.11-07-2019 3/3 this order.

Petitioner may renew his prayer for bail in the event trial is not concluded within the aforesaid period. (Sanjay Priya, J) shyambihari/- U T