Md. Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7000 of 2018 Arising Out of PS.Case No. -223 Year- 2017 Thana -KODHA District- KATIHAR ======================================================

1. Md. Saddam Hussain S/o Late Md. Badruddin, R/o Mathura, P.S.- Korha, Distt.- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Mustaque Alam, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

There is general and omnibus allegation against the petitioner and others to have committed assault with various weapons causing death of the husband of the informant. Doctor has found multiple injuries on the person of the deceased during postmortem examination. Submission of the learned counsel for the petitioner is that the allegation is not specific and co-accused Rizwana Khatoon has already been allowed bail by a Coordinate Bench of this Court in Cr.Misc.No. 4110 of 2018.

Patna High Court Cr.Misc. No.7000 of 2018 (3) dt.20-03-2018 The petitioner is in custody since 23.09.2017. It appears that by the same order co-accused Anguri Khatoon was refused bail by the same Hon'ble Judge considering the nature of allegation against her.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Korha Police Station Case No. 223 of 2017 pending in the court of learned Chief Judicial Magistrate, Katihar/successor court.

Hence, prayer for bail is refused.

However, the learned trial court is directed to expedite the trial.

(Birendra Kumar, J) Nitesh/- U T