Patna High CourtCR. MISC./10058/2015dismissed

Md. Masaowar Alam @ Masbar Alam v. The State Of Bihar

2015-05-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10058 of 2015 Arising Out of PS.Case No. -64 Year- 2014 Thana -TEDHAGACHH District- KISANGANJ ====================================================== Md. Masaowar Alam @ Masbar Alam Son of Nazir Resident of VillageBinabari, Dhabeli, P.S. Terhagachh, District- Kishanganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh, Adv. For the Opposite Party/s : Mr. Sanjay Kr.Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-05-2015 Heard both sides.

The petitioner seeks bail in Terhagachh P.S. Case No. 64 of 2014, registered for the offences punishable under Section 304 (B) and other Sections of the Indian Penal Code. The petitioner is the husband of the deceased. Mother of the deceased alleged that the petitioner and other in-laws of the deceased burnt her to death. She alleged that she came to the house of her daughter. She found her daughter badly burnt and brought her to hospital where her daughter was referred to Katihar Medical College but her daughter died on 2.09.2014. Learned counsel for the petitioner submits that almost all the witnesses have stated that the victim herself set ablaze only on account of some family disputes with her husband. The

Patna High Court Cr.Misc. No.10058 of 2015 (3) dt.07-05-2015 2/2 petitioner never demanded any dowry nor tortured his wife. The FIR was lodged after 15 days of the occurrence. It appears that the mother of the deceased made very specific allegation against the petitioner. The FIR was lodged only on the next day of the death of her daughter. The petitioner is the husband and his wife died with burn injury, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of this order.

(Prabhat Kumar Jha, J.) Rakhi/- U T