Md Abdul @ Abdul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60993 of 2021 Arising Out of PS. Case No.-913 Year-2020 Thana- ARARIA District- Araria ====================================================== Md Abdul @ Abdul Son of Taha Resident of Village- Majhua, Ward No.6, P.S.- Araria (Bairgachi O.P.), District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Araria P.S. Case No. 913 of 2020 corresponding to Sessions Trial No. 193 of 2021, registered for the offence punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other co-accused persons committed murder of the daughter of informant due to non-fulfillment of demand of dowry and thrown her dead body to screen the evidence of murder. Petitioner is husband of the deceased.

It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. Entire allegation is false and concocted. No such occurrence has ever

Patna High Court CR. MISC. No.60993 of 2021(4) dt.01-04-2022 2/2 taken place and there was no demand of dowry by the petitioner. There is general and omnibus allegation. It is next submitted there is no eye-witness of the occurrence and the dead body of the deceased was recovered from the bank of a river which is more than 2 KM away from the house of this petitioner. Petitioner is in custody since 09.11.2020 having no criminal antecedent.

Learned APP however, vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation and the fact that petitioner is husband of the deceased and deceased died in unnatural circumstance within seven years of marriage at her matrimonial home, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T