Md. Nizam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43246 of 2022 Arising Out of PS. Case No.-31 Year-2021 Thana- GHOGHARDIHA District- Madhubani ====================================================== Md. Nizam Son of Md. Momtaz Resident of Village - Amahi, P.s.- Ghoghardiha, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Ghoghardiha P.S. Case No. 31 of 2021 registered for the offence punishable under Section 365/34 of the Indian Penal Code and latter on added sections 302, 201 & 120(B)/34 of the Indian Penal Code.

As per the prosecution, the informant's sister (wife of the petitioner) went missing from the house of the petitioner. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is husband of the victim and there is no eye-witness of the alleged occurrence and during investigation the petitioner was made accused mainly on the basis of his confession made before the police and other co-accused namely, Md. Saddam has been granted

Patna High Court CR. MISC. No.43246 of 2022(4) dt.14-03-2023 2/2 bail by a co-ordinate Bench of this court vide order passed in Cr. Misc. No. 21630 of 2022 and investigation has been completed in connection with the petitioner.

Learned APP appearing for the State has opposed the bail prayer.

As per the prosecution, the victim who happened to be wife of this petitioner was married just seven months ago from the alleged occurrence and there was no good relation between the victim and petitioner and as per the allegation the victim went missing from the house of the petitioner and as per prosecution neither the victim nor her body was recovered. Considering the seriousness of the occurrence and allegation appearing against the petitioner, this court is not inclined to accept the petitioner's bail prayer for the present. Accordingly, his bail prayer stands rejected. Petitioner may renew his bail prayer after six months, if any significant progress is not made in his trial by the trial court.

(Shailendra Singh, J) Rajiv/- U T