Patna High CourtCR. MISC./41029/2015dismissed

Md. Ajmer @ Ajmer v. The State Of Bihar

2015-10-14Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.41029 of 2015 (3) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41029 of 2015 Arising Out of PS.Case No. -128 Year- 2014 Thana -KATIHAR MUFFASIL District- KATIHAR ====================================================== Md. Ajmer @ Ajmer, son of Md. Suddin Minya, resident of villageMakhdumpur, Police Station- Mufassil Katihar, District- Katihar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajendra Prasad Sah For the Opposite Party : Mr. Indra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 14.11.2014 in a case instituted under Sections 302 and 120B/34 of the Indian Penal Code in connection with Muffasil P.S.Case No.128 of 2014(Sessions Trial No.62 of 2015) pending in the Court of 5th Additional Sessions Judge, Katihar.

As per allegation, it is a case of murder of a wife by her husband himself by way of throttling.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.11.2014. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering of evidence against the petitioner. Petitioner has falsely been implicated in the present case. There is no eye witness to the occurrence.

Patna High Court Cr.Misc. No.41029 of 2015 (3) dt.14-10-2015 On behalf of the State, it has been submitted that the petitioner is the husband of the deceased and the daughter has been examined in course of investigation and her statement is in paragraph-22 of the case diary where she has stated that this petitioner has killed her mother by pressing pillow on her face. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the above named petitioner, same is dismissed.

(Sudhir Singh, J) B.Kr./- U T