Nijamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52818 of 2019 Arising Out of PS. Case No.-238 Year-2018 Thana- BARSOI District- Katihar ====================================================== NIJAMUDDIN Son of Md. Ajijwal Resident of Village - Sihiganw, P.S. - Barsoi, District - Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-11-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Barsoi PS case no. 238 of 2018 instituted for the offences punishable under Sections 498A, 504 of Indian Penal Code and 3/4 of D.P. Act.

The allegation as per the case set out by the informant in the FIR is that the marriage of the daughter of the informant was solemnized with the petitioner herein on 05.04.2018, whereafter the petitioner and other co-accused persons used to assault the daughter of the informant and make demand for bringing dowry from the informant. Subsequently, the informant is said to have gone to the house of the petitioner, however she could not find her daughter there and she has the

Patna High Court CR. MISC. No.52818 of 2019(4) dt.27-11-2019 2/3 apprehension that the petitioner and other co-accused persons have killed the daughter of the informant and then the present case has been lodged.

The learned counsel for the petitioner has submitted that the petitioner is innocent and though, he is the husband of the daughter of the informant but he has got no complicity in the killing of his wife. It is further submitted that the petitioner is languishing in custody since 04.09.2018. I have heard the learned counsel for the parties and perused the materials on record as also the case diary which has been called for in the present case, from which it is apparent that there is ample evidence to prima facie make out a case against the petitioner herein of having killed his wife. Infact, not only charge-sheet has been submitted under Sections 302/201 of Indian Penal Code against the petitioner but thereafter, the learned court below has also taken cognizance of the offence and charges have been framed against the petitioner on 16.01.2019, whereafter the trial is going on and it is at the stage of leading of prosecution evidence.

Considering the fact that there is ample evidence to prima facie make out a case as against the petitioner herein of having committed the heinous crime of killing his wife, this

Patna High Court CR. MISC. No.52818 of 2019(4) dt.27-11-2019 3/3 Court is not inclined to grant bail to the petitioner herein, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T