Patna High CourtCR. MISC./29612/2020bail rejected

Md. Aurangzeb @ Aurangzeb @ Alamgir @ Aurangzeb Khan v. The State Of Bihar

2021-01-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29612 of 2020 Arising Out of PS. Case No.-450 Year-2019 Thana- KHARHAGPUR District- Munger ====================================================== MD. AURANGZEB @ AURANGZEB @ ALAMGIR @ AURANGZEB KHAN Son of Md. Wahabuddin @ Wahab Resident of Village/ MuhallaWest Azimganj (Momin Tola), Police Station- Kharagpur, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-01-2021 This matter has been taken up in virtual Court. Heard the parties.

The petitioner is languishing in custody for the offence punishable under Section 304(B) of the Indian Penal Code.

Petitioner is husband of the victim of dowry death. Wife of the petitioner died within a year of her marriage in her matrimonial house in unnatural circumstance. There is allegation of demand of dowry and torture for the same. Learned counsel for the petitioner submits that the petitioner is in custody since 31.12.2019. Investigation of the case is already complete. Petitioner is ready to cooperate with the trial. The victim died of illness as she was suffering from Migraine. Reliance has been placed on medical prescription and

Patna High Court CR. MISC. No.29612 of 2020(3) dt.15-01-2021 2/2 report at Annexure-3.

Annexure-3 does not reveal that the victim was suffering from Migraine. The forensic examination report of the viscera is still awaited.

Considering the presumption of law against the petitioner on the basis of material available on the record, I am not inclined to enlarge the petitioner on bail for the present in connection with Kharagpur P.S. Case No. 450 of 2019. Hence, prayer for bail is refused.

The Director, Forensic Science Laboratory is directed to urgently transmit the forensic examination report in connection with Kharagpur P.S. Case No. 450 of 2019. Learned trial Judge is directed to expedite the trial of the aforesaid case.

(Birendra Kumar, J) mantreshwar/- U T