Sanif Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48100 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- KURTHA District- Jehanabad ====================================================== Sanif Shah SON OF MD. SHARIF SAH VILLAGE- DHANAUIL PSKURTHA, DIST- JEHANABAD ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mayank Singh, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-07-2024 Heard the parties.
2. The petitioner is in custody in connection with Kurtha P.S. Case No. 144 of 2023 for the offence punishable under sections 304(B), 201/34 of the Indian Penal Code lodged on 11.05.2023 by the informant, Muniza Khatoon.
3. As per the prosecution story, the informant alleged that his daughter was married to the petitioner in the year 2022 but was always tortured for dowry. Further, on 10.05.2023, the deceased informed her parents that she has been poisoned. As they reached there, the deceased/body was not there and believing that she has been buried, the FIR.
4. Though, learned counsel for the petitioner tried to impress upon this Court that she died natural death, there is nothing on record to support the said contention.
Patna High Court CR. MISC. No.48100 of 2024(2) dt.12-07-2024 2/2
5. Learned APP on the other hand pointed out that within a year of marriage, she died and there is no plausible reason showing her death. Further, the informant even could not see the body, as per the FIR.
6. In that background, this Court is not inclined to extend the privilege of bail to the petitioner which is accordingly rejected.
7. In view of the fact that he is in custody since 20.03.2024 (paragraph - 6 of the petition), this Court would direct the learned Trial Court to take up the matter and conclude the same preferably within a period of one year from today. (Rajiv Roy, J) Adnan/- U T