Junaid Khan @ Tunna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52136 of 2021 Arising Out of PS. Case No.-172 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== JUNAID KHAN @ TUNNA Son of Karimullah Khan Resident of Village - Guthisthan, P.S. - Phulwarisharif, District - Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-04-2022 Heard learned counsel for the parties.

The petitioner, who is the husband of the deceased is in judicial custody in connection with Phulwarisharif P.S. Case No. 172 of 2020 instituted under Sections 302 and 420 of the Indian Penal Code.

As per the prosecution story, the petitioner and the deceased were husband and wife residing under the same roof. Allegation is that she was married a month ago to the petitioner although they were in a relationship for the last three years. The petitioner wanted the lady to part away with the land she was holding. As the lady refused to comply his order, she was regularly beaten. The lady had two children from the first marriage and one of them also narrated to the informant that the petitioner was asking for Rs. 80,000/- and upon refusal by the

Patna High Court CR. MISC. No.52136 of 2021(3) dt.27-04-2022 2/2 deceased, there was quarrel in the night itself. Next morning, as the children went to school, it is alleged that the petitioner killed the lady with the scissor.

Specific allegation against him has been made in the First Information Report that failure on the part of the lady to part away with a landed property made the petitioner angry and he accordingly killed her.

Considering the aforesaid facts, this Court is not inclined to grant any relief to him and the bail application is accordingly rejected.

(Rajiv Roy, J) Jagdish/- U