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Patna High CourtCR. MISC./10009/2017rejected

Md. Masud @ Masud v. The State Of Bihar

2017-04-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10009 of 2017 Arising Out of PS.Case No. -46 Year- 2016 Thana -RAUTA District- PURNIA ======================================================

1. MD. MASUD @ MASUD Son of Late Abdul Jabbar @ Jabbar Resident of Village- Mangal Pur Balu Tola, P.S. Routa, District Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-04-2017 Heard both sides.

The petitioner seeks bail in Routa P.S. case No. 46 of 2016 under Section 366, 504, 506, 34 of the Indian Penal Code. Later on Sections 302, 201 of the IPC were also added. The informant alleged that his daughter was married to the petitioner. The petitioner called his daughter and thereafter his daughter became traceless. After three days of the occurrence, beheaded dead body of his daughter was recovered from a pond. The learned counsel for the petitioner submits that there is no eye witness of the occurrence. The petitioner, after marriage with the deceased, went outside his house to earn his livelihood and after return he found his wife missing. The petitioner went to the house of his in-laws and that is why the

Patna High Court Cr.Misc. No.10009 of 2017 (4) dt.04-04-2017 2/2 petitioner has falsely been implicated in the case but from perusal of the records, it appears that it was the petitioner who called his wife and thereafter wife of the petitioner became traceless and only three days thereafter beheaded dead body of wife of the petitioner was recovered from a pond.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T