Zahid Jabed v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60893 of 2024 Arising Out of PS. Case No.-248 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Zahid Jabed Son Of Shyed Jawed Ahsan R/O- Ladaura P/O-Ladaura Pakhari P.S-Kudhaini (Turki O.P.), Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for offence under Section 306 of the Indian Penal Code.
3. As per prosecution case, the daughter of the informant was married with this petitioner in the month of April, 2022 and it is alleged that this petitioner took money from her through net-banking and also demanded furniture and jewellery from her. It is further alleged that on 26.02.2023, the informant's daughter under pressure from her husband consumed poison and when she was rushed to hospital, she was declared dead on 27.02.2023.
Patna High Court CR. MISC. No.60893 of 2024(3) dt.06-12-2024 2/3
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case merely because he happens to be husband of the deceased. As a matter of fact, father of the deceased had taken loan from one Nagam Ali and after passing the date of agreement, Nagam Ali put pressure to return the amount and in lieu thereof, informant's daughter (deceased) issued two cheques, which got bounced due to insufficient fund and thereafter, Nagam Ali filed a complaint against informant and his daughter (deceased) and under pressure, the deceased committed suicide. Learned counsel further submits that initially, the F.I.R. was lodged under Section 306 of the Indian Penal Code and after investigation, the police submitted chargesheet under Section 304(B) of the I.P.C. He next submits that at the relevant time, petitioner was at Nepal. Petitioner is in custody since 10.05.2024.
5. Learned A.P.P. for the State vehemently opposes the prayer for bail and submits that petitioner is husband of deceased and as per F.I.R., there is specific allegation against him that he threatened the deceased to implicate her in a false case and also forced her to consume poison. Deceased died within seven years of marriage in an unnatural circumstances.
6. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.60893 of 2024(3) dt.06-12-2024 3/3 the prayer for bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay/- U T