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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41336 of 2021 Arising Out of PS. Case No.-47 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== TANWIR @ MD TANWIR @ TANWIR ALAM Son of Mazharul Haque Resident of Village- Kadamgachhi, P.S.- Kochadhaman, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-03-2022 Heard the parties.

Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Kochadhaman P.S. Case No. 47 of 2021 for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code.

The prosecution story, in brief, is that the dead body

Patna High Court CR. MISC. No.41336 of 2021(3) dt.24-03-2022 2/3 of the father of the informant was found in the Barandah of the house of the petitioner Tanwir who is the son-in-law of the deceased. The F.I.R. was lodged against 12 persons including the petitioner. Allegation against the petitioner is that he along with his wife and brother has committed murder of the father of the informant Md. Halim with an intention to cheat and dishonestly grab the ornaments and cash of the deceased. In course of investigation, the allegation is supported by independent witnesses that the petitioner along with other coaccused has dishonestly cheated many persons in the past also. Charge sheet has already been submitted.

Considering the fact that the present petitioner is the son-in-law of the deceased and allegation is of grabbing the ornaments and money from the deceased and also the dead body of the deceased was found in the Barandah of the house of the petitioner, complicity of the petitioner in the occurrence of murder of the deceased who is the father-in-law of the petitioner cannot be ruled out. Hence, I am not inclined to enlarge the petitioner on bail at this stage.

Accordingly, the present bail application is rejected. The trial court is directed to conclude the trial expeditiously well within a period of nine months.

Patna High Court CR. MISC. No.41336 of 2021(3) dt.24-03-2022 3/3 If no substantial progress takes place in conduct of the trial within the aforesaid period, the petitioner, if so advised, may renew his prayer for bail.

(Purnendu Singh, J) mantreshwar/- U T