Patna High CourtCR. MISC./9209/2016dismissed

Ekramul Haque v. The State Of Bihar

2016-04-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9209 of 2016 Arising Out of PS.Case No. -96 Year- 2010 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Ekramul Haque Son of Late Idris Mian .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sushil Kumar, Advocate For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-04-2016 Heard learned counsels for the petitioner and learned APP for the State.

The petitioner being the husband of the victim is languishing in custody since 20.12.2015 in a case registered for the offences punishable under section 498A, 323, 365, 304B, 406, 379, 386 of the Indian Penal Code in connection with Siwan Muffasil P.S. Case No.96/2010, pending before the learned CJM, Siwan.

Accusation is of killing the daughter of the informant after 19 years of marriage.

It is submitted by learned counsel for the petitioner that as per own admission of the informant the case does not come within the purview of section 304B I.P.C. as the victim died after 19 years of marriage. There is no eye witness to the

Patna High Court Cr.Misc. No.9209 of 2016 (3) dt.06-04-2016 2/2 occurrence and only on suspicion the accusation has been levelled.

Learned APP for the State submits that the children of the victim have supported the accusation against the petitioner. The thrust of accusation is against the petitioner. Considering the facts that the case is registered in 2010 when the petitioner was arrested on 20.12.2015 and the thrust of accusation is against the petitioner, this court is not inclined to grant bail to the petitioner at present. Accordingly, the application for bail on behalf of the petitioner is rejected. It is expected from the learned court below to expedite the trial.

(Dinesh Kumar Singh, J) Ashwini/- U T