Mumtaz Khan v. The State Of Bihar

Patna High Court Cr.Misc. No.41779 of 2017 (2) dt.11-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41779 of 2017 Arising Out of PS.Case No. -211 Year- 2016 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mumtaz Khan Son of Mukhtar Khan, R/o Village- Bishambharpur, P.S.- Mehshi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 The petitioner seeks regular bail in connection with Mahesi P.S. Case No. 211 of 2016, registered for offences punishable under Sections 304B/34 of Indian Penal Code. Petitioner is husband of the deceased and allegation against the petitioner is causing dowry death of the deceased. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and in fact the deceased committed suicide and it is the petitioner, who took her to hospital for her treatment and during treatment she died. Petitioner has been in judicial custody since 28.06.2017.

Learned counsel for the State opposed the prayer for bail and submitted that apart from other ingredients, dying declaration of the deceased is also there as she has named this petitioner to her

Patna High Court Cr.Misc. No.41779 of 2017 (2) dt.11-09-2017 father - informant before her death.

Having heard both sides, considering the fact and circumstances of the case and nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the trial and try to conclude as soon as possible.

(Vinod Kumar Sinha, J) sunil/- U T