Md. Asraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48800 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -BAUSI District- PURNIA ======================================================

1. Md. Asraf Son of Israil resident of Village- Malharia, P.S.- Baisi, District- Purnia .... Petitioner

Versus

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

For the Petitioner : Mr. Kamal Kishore Jha, Adv. For the Opposite Party : Mr. Shyam Kumar Singh, APP 138 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-01-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 304B/34 of the Indian Penal Code. Petitioner is husband of the victim, Aajveen Parveen, who died in her matrimonial house an unnatural death within four years of her marriage. There is allegation of demand of dowry and torture for the same soon before her death.

Submission of the petitioner is that the informant came to known about the occurrence on 06.05.2016 itself. He, in the night went, at the place of occurrence and found the dead body. However, reported the matter to the police on the next day as well as delayed investigation and non-signing of the informant on the inquest report create serious doubt of false implication of the accused person. The petitioner is in custody since 26.05.2016. Considering the nature of allegation, I am not inclined to grant bail to the petitioner.

The prayer for bail is rejected.

However, the trial Court is directed to expedite and conclude the trial within nine months from the date of receipt of this order, failing which the petitioner may renew his prayer for bail before the learned trial Court itself.

(Birendra Kumar, J) SA/- U √ T √