Sheikh Tajmul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49914 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sheikh Tajmul Son of Late Sheikh Dukhi R/o Village Inarawa Bhat, P.s. Paharpur, District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. B.M.P Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302 and 201 of the I.P.C Mustari Khatoon, the sister-in-law (Nanad) of the informant, was married to the petitioner in the year 2001 and out of the wedlock there is a son also but allegedly the petitioner developed illicit relationship with a women resulting Mustari Khatoon was killed by the petitioner and his associates and her dead body was thrown in the forest.

Submission is of false implication and that there is no eye witness of the occurrence, without any legal and tangible material the petitioner is suffering in custody since 26.02.2015,

Patna High Court Cr.Misc. No.49914 of 2015 (4) dt.09-05-2016 2/2 besides suspicion there is nothing against him, as a matter of fact the petitioner has informed the informant as the wife of the petitioner had gone away from the house and after search the petitioner found the dead body of his wife and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. seriously opposes by submitting that Mustari Khatoon has apprehended danger to her life at the hands of the petitioner as the petitioner was behaving badly with her. During investigation the witnesses supported the allegation. In the facts and circumstances as 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 Trial No. 474 of 2015 arising out of Paharpur P.S. Case No. 15 of 2015 pending in the court of Sri N.K.Yadav, J.M. 1st Class, Motihari, East Champaran.

However, considering detention of the petitioner, let the trial be expedited and concluded preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) Abhay/- U T