Patna High CourtCR. MISC./31148/2022rejected

Noor Mohammad Rain v. The State Of Bihar

2023-01-18Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31148 of 2022 Arising Out of PS. Case No.-33 Year-2020 Thana- BELSAND District- Sitamarhi ====================================================== Noor Mohammad Rain S/o Md. Sakur Rain Resident of Village- Madhkaul, Ward No.02, P.S.- Belsand, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-01-2023 Learned counsel for the petitioner is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. . Allegation against the petitioner is of committing torture and caused death of the victim girl due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely

Patna High Court CR. MISC. No.31148 of 2022(3) dt.18-01-2023 2/2 implicated in the present case on the ground that the petitioner is the husband of the deceased. He further submits that there is no eye witness to the alleged occurrence and the petitioner is in custody since 25.08.2021.

Learned counsel for the informant as well as learned APP for the State have vehemently opposed the prayer of the bail petition and submits that till date out of 11 official witnesses 05 witnesses have been examined.

Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Belsand P.S. Case No. 33 of 2020 pending in the Court of learned Additional Chief Judicial Magistrate 1st, Sitamarhi.

Prayer is refused.

However, learned Court below is directed to expedite the trial.

(Rajesh Kumar Verma, J) Ibrar//- U T