Patna High CourtCR. MISC./44309/2024dismissed

Ajajul Khan v. The State Of Bihar

2024-09-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44309 of 2024 Arising Out of PS. Case No.-98 Year-2022 Thana- MAHESHKHUNT District- Khagaria ====================================================== Ajajul Khan S/O Md. Ketabul Khan @ Md Ketabul R/O Salimnagar, Ward no.05,P.S.-Maheshkhunt,Distt-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hafiz Shahbaz Arif, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2024 Heard Mr. Hafiz Shahbaz Arif, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons is said to have killed the daughter of informant due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that all the witnesses are based on hearsay evidence as there is no direct proof of such occurrence as alleged in the F.I.R.. He further submits that in trial all the witnesses were examined and the

Patna High Court CR. MISC. No.44309 of 2024(4) dt.06-09-2024 2/2 case is pending for judgment. The petitioner is languishing in custody since 08.05.2022. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that in trial all the witnesses were examined and the case is pending for judgment, the Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer of regular bail of the petitioner is hereby rejected in connection with Maheshkhunt P.S. Case No. 98 of 2022.

(Anjani Kumar Sharan, J) anand/- U T