Md. Kabir Alam @ Kabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28389 of 2019 Arising Out of PS. Case No.-63 Year-2018 Thana- PIPRA District- Supaul ====================================================== MD. KABIR ALAM @ KABIR Son of Ahmad Mian @ Ahmad Ali Resident of Village- Pathra South, P.S.- Pipra, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-07-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in S.T. Case No. 364/2018, arising out of Pipra P.S. Case No. 63/2018, instituted for offences under Sections 302, 120B/34 of the Indian Penal Code. Petitioner is husband of deceased.

Earlier prayer for bail of petitioner was rejected by this Court by order dated 08.10.2018 passed in Cr. Misc. No. 54593/2018.

It is alleged in the written report that daughter of informant was married with this petitioner 12 years back. They had two daughters out of said wedlock. It is further alleged that this petitioner has performed second marriage on account of which he used to torture and assault and gave threat to kill his

Patna High Court CR. MISC. No.28389 of 2019(5) dt.03-07-2019 2/2 daughter when she raised objection. She was finally killed and her dead body was disposed off by this petitioner in conspiracy with other family members as mentioned in the written report. Report from the court below regarding stage of trial has been received wherein it is mentioned that out of 10 witnesses, 2 witnesses have been examined. It is mentioned in the report that trial is likely to be concluded within six months. In such circumstances, this Court is not inclined to grant bail to petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

The trial court is directed to expedite the trial and conclude the same as early as possible preferably within six months from the date of receipt/production of copy of this order either by giving short adjournment or by fixing the case on day to day basis and send compliance report.

(Sanjay Priya, J) rakhi/- U T