Md. Asfar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41046 of 2018 Arising Out of PS.Case No. -99 Year- 2016 Thana -JALALGARH District- PURNIA ====================================================== Md. Asfar, Son of Ahmad, Resident of Village- Pipar Panti Nahar Tola, P.S.- Jalalgarh, District- Purnea.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Nurul Hoda For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner.
Petitioner prays for bail in connection with Jalalgarh P.S.Case No. 99 of 2016, corresponding to Sessions Trial No. 287 of 2017, registered for the offences punishable under Sections 304B and 120B of the Indian Penal Code.
Allegation against the petitioner, who happens to be husband of the deceased, is of causing death of his wife due to demand of dowry.
Submission of learned counsel for the petitioner is that petitioner is in custody for two years and only five witnesses out of nine have been examined and further submission is that while petitioner was going to inform the police about her death he was arrested.
Patna High Court Cr.Misc. No.41046 of 2018 (3) dt.25-09-2018 2/2 Heard learned APP also, who has opposed the prayer for bail stating that there was allegation of torture prior to death and there was also allegation of demand of dowry and moreover several injuries were found on the body of the deceased by sharp cutting weapon.
Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner. However, since the petitioner is in custody for two years, learned trial court is directed to conduct the trial on regular basis, so that the trial may be expedited and concluded as early as possible.
With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U T