Md. Samim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6498 of 2015 Arising Out of PS.Case No. -268 Year- 2014 Thana -SIMRI BAKHTIARPUR (Balwahat O.P.) District- SAHARSA ====================================================== Md. Samim son of Md. Suleman Resident of village Mohammadpur, Police Station-Bakhtiyarpur (Balwahat O.P) District- Saharsa. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satish Kumar Singh, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-04-2015 Heard both sides.

The petitioner seeks bail in Bakhtiyarpur (Balwahat O.P) P.S. Case No. 268/2014, registered for the offences punishable under Sections 302/34 of the Indian Penal Code. The petitioner is the husband of the deceased. The father of the deceased alleged that his daughter Nazima Khatoon was married to the petitioner about 13 years ago, but on 17.08.2014 her husband began to demand money for purchasing land and auto rickshaw and also assaulted her. The informant was informed about the disputes and on the next day the informant got information that his daughter was killed.

It is submitted that during course of investigation, it transpired that the deceased was willing to go along with her

Patna High Court Cr.Misc. No.6498 of 2015 (3) dt.15-04-2015 2/2 father but her father did not take her and that is why deceased committed suicide. There is no eye-witness of the occurrence. On perusal of the record, it appears that on the information about the death of the deceased her father went to the house of the petitioner. He found the dead body of the Nazima Khatoon lying on bed. There was ligature mark on the neck but the inquest report shows that the deceased died due to pressure on her neck. The witnesses have also supported the facts. Considering the aforesaid facts that the petitioner is the husband of the deceased, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt of this order.

The petitioner has filed supplementary affidavit stating his criminal antecedent.

Let the same be kept on record.

(Prabhat Kumar Jha, J.) Rakhi/- U T