Patna High CourtCR. MISC./40968/2021bail rejected

Md. Salim @ Md. Shalim v. The State Of Bihar

2021-12-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40968 of 2021 Arising Out of PS. Case No.-189 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== MD. SALIM @ MD. SHALIM Son of Md. Hanif Resident of Village - 33/2, G.T. Road, Risra, P.S.- Risra, Distt.- Hooghly (W.B.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail registered for the offences punishable under sections 498A, 304B/34 of the Indian Penal Code.

As per the prosecution case, petitioner committed torture and caused death of the informant's sister. Learned counsel for the petitioner submits that petitioner is the husband of the deceased. It is a case of accidental death and in fact when the petitioner and his family members including the deceased were returning by train after attending Nikah ceremony of his younger brother, the victim suddenly became trace less for which Sanha was lodged with Jhajha Rail police station on 18.10.2019. However, same day her dead body was found lying near Rampur Dumra Station,

Patna High Court CR. MISC. No.40968 of 2021(3) dt.07-12-2021 2/2 whereas UD case was also registered. FIR was lodged after four days and there is no explanation of the delay. Petitioner is in custody since 27.2.2021.

Learned counsel for the State opposes the prayer for bail and submits that the petitioner is the husband of the victim who died in accident in suspicious condition while she was travelling in train with the petitioner and his family members. Considering the nature of accusation against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) shashi/- U