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Patna High CourtCR. MISC./39987/2020dismissed

Kaimuddin Miyan @ Kaimodin Hawari v. The State Of Bihar

2021-03-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39987 of 2020 Arising Out of PS. Case No.-111 Year-2020 Thana- RAMGARHWA District- East Champaran ====================================================== KAIMUDDIN MIYAN @ KAIMODIN HAWARI Son of Jamaluddin Miyan @ Jamal Miyan Resident of Village- Raghunathpur, Ward No. -10, P.S.- Ramgarhwa, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code.

Petitioner in association of his family members always used to torture the daughter of the informant for nonfulfillment of dowry demand and ultimately she has been killed by the accused persons by hanging.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that all of sudden on the alleged dated of occurrence there was some dispute between the husband and wife and due to which she committed suicide. He further

Patna High Court CR. MISC. No.39987 of 2020(3) dt.23-03-2021 2/2 submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 23.05.2020.

Considering the fact that the petitioner is the husband of the deceased, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected in connection with Ramgarhwa P.S. Case No. 111 of 2020 pending before the court of the learned S.D.J.M., Raxaul at Motihari, East Champaran.

Accordingly, the application is dismissed. However, Trial Court is directed to expedite the trial. (Anjani Kumar Sharan, J) devendra/- U T