Md. Sajjad @ Sajjad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48407 of 2014 Arising Out of PS.Case No. -316 Year- 2014 Thana -KISHANGANJ District- KISANGANJ ====================================================== Md. Sajjad @ Sajjad Alam S/o Late Md. Chand Resident of Village Machhmara, P.S. and District Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarangdhar Jha For the Opposite Party/s : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in connection with Kishanganj P.S.Case No. 316/2014 registered for the offences punishable under Sections 302, 304(B) and 34 of the Indian Penal Code, pending in the Court of learned C.J.M., Kishanganj. The petitioner is the husband of the deceased and within one year of the marriage the deceased was done to death. The dead body was recovered and post mortem was conducted which demonstrates the nature of injury . The informant has alleged ill treatment and torture for non fulfillment of demand of dowry The contention of the petitioner is that the dead body was not identified. There is no eye witness to the occurrence. The informant himself informed that the victim had disappeared. The

Patna High Court Cr.Misc. No.48407 of 2014 (2) dt.04-03-2015 2/2 petitioner is in custody since 23.06.2014.

Counsel for the State referring to the case diary and the evidence as also the material , which are reflected from the impugned order, opposes the prayer for bail. Considering the nature of allegation as also the facts emerging from the impugned order, this Court is not inclined to release the petitioner on bail. The prayer for bail is rejected. However, it is observed that if the trial of the case does not register adequate progress within one year from the date of receipt /production of a copy of this order in the court below, the petitioner will be at liberty to renew his prayer for bail. (Kishore Kumar Mandal, J) singh/- U