Juddin @ Md. Juddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31566 of 2020 Arising Out of PS. Case No.-52 Year-2019 Thana- JALALGARH District- Purnia ====================================================== JUDDIN @ MD. JUDDIN Son of Md Israfil @ Israfil Resident of Village - Ahile Gaon, P.S. Jalalgarh, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Jalalgarh P.S. Case No. 52 of 2019 instituted for the offences under Sections 304(B)/34 of the Indian Penal Code.

Allegation against the accused persons is of committing torture and thereafter caused death of the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.11.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no eye witness to the

Patna High Court CR. MISC. No.31566 of 2020(3) dt.19-02-2021 2/2 alleged occurrence. Mere on suspicion, the petitioner has been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The death is due to asphyxia as a result of throttling. The post-mortem report corroborates the allegation made in the F.I.R. The onus is on the petitioner to explain the cause of death of his wife.

Considering the nature of accusation, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to expedite the case and conclude the trial at the earliest preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T