Amzad Nadaf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27194 of 2019 Arising Out of PS. Case No.-182 Year-2018 Thana- MAHESHKHUNT District- Khagaria ====================================================== AMZAD NADAF Son of Late Akhtar Nadaf, Resident of Village-Rohari, P.S.-Maheshkhunt, District-Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Maheshkhunt P. S. Case No. 182 of 2018 instituted for the offence under Section(s) 304 B of the Indian Penal Code.
Petitioner is husband of deceased.
In the written report, it is alleged that sister of informant was married with petitioner. After one month of the marriage, sister of informant informed him that her husband (petitioner) and other family members were demanding motorcycle in Dowry. The Informant gave Rs 40,000/- to purchase motorcycle. Thereafter, the petitioner and his family members started demanding Rs. 2,00,000/-. Lastly, informant went to sasural of his sister and asked the petitioner to
Patna High Court CR. MISC. No.27194 of 2019(3) dt.11-07-2019 2/3 allow his sister to go with him, but the petitioner denied. On 13.12.2018 at 6 PM informant got information from the villagers that petitioner and other family members have burnt her sister after pouring kerosene oil. On getting this information, informant went to Khagaria hospital where his sister disclosed him that for non- payment of Rs. 2,00,000/- her husband and other family members have poured kerosene oil and set her on fire. Thereafter, she was taken to Begusarai hospital for better treatment where she died during course of treatment.
Case diary has been received, wherein, the postmortem report of the deceased is available. The doctor has opined cause of death due to burn by flame. Learned counsel for petitioner submits that informant has filed a petition in the Court below that he has given name of this petitioner on the direction of villagers. Learned counsel further submits that charge has already been framed. This Court is of the view that this is only an attempt to tamper with evidence.
Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.
Patna High Court CR. MISC. No.27194 of 2019(3) dt.11-07-2019 3/3 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 the date of receipt of this order.
Petitioner may renew prayer for bail in the event trial is not concluded within the aforesaid period. (Sanjay Priya, J) shyambihari/- U t