Nasir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8807 of 2016 Arising Out of PS.Case No. -165 Year- 2014 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Nasir Khan Son of Late Hajmullah Khan resident of village - Suarchhap Pipra, P.S. Lauriya, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivjee Singh, Advocate For the Opposite Party/s : Mr. Mustaque Alam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Lauriya P.S. Case No. 165 of 2014 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code. Roshani Devi, the daughter of the informant was married to the petitioner and allegedly she was killed by the petitioner and other in-laws and after cutting her dead-body she was buried.

Submission is of false implication and that the occurrence is of 06.10.2014 but written report has been submitted on 23.10.2014 after much delay, the petitioner has performed

Patna High Court Cr.Misc. No.8807 of 2016 (3) dt.22-04-2016 2/2 inter-religion marriage and there was cordial relation between the petitioner and his wife, due to some trivial dispute, she committed suicide and without any legal and tangible material the petitioner is suffering in custody since 31.10.2014, other co-accused Kalamu Nessa and Nanhe Khan have already been allowed bail. Learned A.P.P. opposes the prayer of bail by submitting that the petitioner is the husband and he confessed his guilt also and further the dead body was made traceless. In the facts and circumstances stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with S.T. No. 430/15 arising out of Lauriya P.S. Case No. 165 of 2014 pending in the court of learned Additional Sessions Judge-VI, Bettiah, West Champaran.

However, considering the detention of the petitioner, let the trial be expedited and concluded preferably within nine months after receipt or production of a copy of this order. (Jitendra Mohan Sharma, J) sushma/- U T