Patna High CourtCR. MISC./51338/2014dismissed

Md. Nayeem @ Md. Naim v. The State Of Bihar

2015-05-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51338 of 2014 Arising Out of PS.Case No. -19 Year- 2009 Thana -SARSI District- PURNIA ======================================================

1. Md. Nayeem @ Md. Naim S/o Md. Kayum @ Md. Qaiyoom Resident of Village Masuriya, P.S. Sarsi, District Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-05-2015 Heard both sides.

The petitioner seeks his bail in Sarsi P.S.Case No.19 of 2009 registered under Sections 304B of the IPC. The brother of the deceased made allegation that the petitioner, who happens to be the husband of his sister, tortured her for demand of dowry and on account of non-fulfillment of the same, his sister was forced to commit suicide. It is submitted that the petitioner is husband but there is no specific allegation against the petitioner. The witnesses have stated that the victim committed suicide. It is submitted that the victim was suffering from depression and that is why, she committed suicide.

It appears that the case was lodged in the year 2009 but the petitioner surrendered in the court on 13.10.2014. The petitioner is husband and there is allegation that he along with other accused persons, were torturing the victim. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail and accordingly, the same is

Patna High Court Cr.Misc. No.51338 of 2014 (3) dt.20-05-2015 2/2 rejected.

The trial court is directed to expedite the trial and conclude the same within a period of 8 months from the date of receipt or production of a copy of this order. If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail (Prabhat Kumar Jha, J) ahk/- U T