Tanveer Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62268 of 2022 Arising Out of PS. Case No.-17 Year-2021 Thana- KODHOBARI District- Kishanganj ====================================================== Tanveer Alam Son of Jamil Resident of village- Singhimari Ward NO- 12, P.S- Kobhobari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radha Mohan Singh, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with S.Tr. No.128 of 2021 arising out of Kodhobari P.S. Case No. 17 of 2021 lodged under Sections 304(B) and 34 of the I.P.C. As per the prosecution case, the allegation of killing the daughter of the informant is against the accused persons including the present petitioner that they all killed her by hanging for dowry.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that it is true that the marriage was solemnized 4 years back but

Patna High Court CR. MISC. No.62268 of 2022(2) dt.22-02-2023 2/2 demand of dowry was not correct. Counsel submits that he has annexed the post-mortem report in which doctor has opined that the cause of death is due to asphyxia and shock as a result of hanging.

Counsel further submits that the antecedent of petitioner is clean and he is in custody since 04.06.2021. Learned counsel for the State opposes the prayer for bail and submits that it is a case under Section 304(B) /34 of the I.P.C. The allegation of demand of dowry is there and death has caused by hanging. Counsel also submits that petitioner is the husband.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

It is directed to the Trial Court to expedite the trial and complete within 9 months.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T