Maqsood Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75952 of 2018 Arising Out of PS. Case No.-69 Year-2018 Thana- BISFI District- Madhubani ====================================================== Maqsood Alam Son of Late Md. Manzar, Resident of Village- Osara, P.S.- Bisfi Patauna, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudish Kumar For the Opposite Party/s :

Mr.Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bisfi (Patauna) P. S. Case No. 69 of 2018 instituted for the offence under Section(s) 302 and 201 of the Indian Penal Code.

Petitioner is the husband of the deceased.

In the written report the informant has alleged that her Nanad was married with this petitioner about 20 years back according to Muslim rites. She had no child at present. She had earlier two sons and one daughter born from the wedlock. They have died due to illness. Thereafter, this petitioner performed another marriage and started committing torture with Nanad of

Patna High Court CR. MISC. No.75952 of 2018(4) dt.27-02-2019 2/3 the informant. He tried to oust her from his life. Panchayati was held but the petitioner did not become ready to compromise and always abused and assaulted the Nanad of the informant. It is further alleged that on 7.4.2018 at 4 AM informant heard hulla that her Nanad had been murdered and her dead body was taken for cremation by the petitioner and his other family members. The informant along with her husband and son reached the sasural of deceased. The petitioner gave threat and fled away. Case diary has been received. The postmortem report of the dead body of the deceased is available in the case diary, wherein, the doctor has opined the cause of death due to Asphyxia caused by throttling. The doctor has also found injury on upper part of neck and mid part of neck. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.

Learned counsel for petitioner submits that petitioner is in custody since 26.5.2018.

Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of one year from the date of receipt of copy of this order.

Patna High Court CR. MISC. No.75952 of 2018(4) dt.27-02-2019 3/3 Petitioner may renew his prayer for bail in the event trial is not concluded within the aforesaid period. (Sanjay Priya, J) shyambihari/- U T