Md. Saiyad @ Md. Sayyad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28705 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -JOKIHAT District- ARRARIA ====================================================== Md. Saiyad @ Md. Sayyad son of Halim @ Halimuddin, resident of village-Chamanpur, PS-Jokihat, District-Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, who is in custody since 25.01.2018, seeks bail in connection with Jokihat P.S. Case No. 09 of 2018 registered for the offences punishable under sections 328, 304(B) and 201/34 of the Indian Penal Code.

The case has been registered on the basis of written report of informant. The petitioner is husband of the deceased and allegation is that he and his family members used to demand Rs.1,10,000/- for purchasing motor cycle and cow. On account of torture she filed a case against them on 10.07.2017 vide Complaint Case No. 360/2017 which was compromised. She had filed a Maintenance Case No. 39/2017 against her husband. It is alleged that after compromise she visited at the place of her husband

Patna High Court Cr.Misc. No.28705 of 2018 (3) dt.28-06-2018 2/2 where this petitioner and his family members assaulted, administered poison and committed murder. The dead body of the victim was thrown on the divider of National Highway-32. It is further alleged that the victim was killed on account of nonfulfillment of demand of motorcycle and cash amount. In case diary I find that a large number of witnesses have supported the allegation of torture and assault.

Considering the specific allegation of committing murder of deceased, I am not inclined to grant bail to the petitioner. The prayer made on his behalf stands rejected. (Sanjay Kumar, J) Mahesh/- U T