Samim Mian @ Sameem Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61782 of 2022 Arising Out of PS. Case No.-210 Year-2022 Thana- CHOUTARWA District- West Champaran ====================================================== Samim Mian @ Sameem Miyan S/O Ibrahim Mian Resident Of VillagePahadi, Majhowa P.S.- Choutarwa, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 304(B), 120(B), 34 of the Indian Penal Code. The accusation is of killing the daughter of the informant by her in-laws family members including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is husband of

Patna High Court CR. MISC. No.61782 of 2022(3) dt.10-04-2023 2/3 the deceased and there is general and omnibus allegation against the petitioner. The petitioner was not present at the time of occurrence as the informant alleged in the F.I.R that this petitioner ordered his other family members from mobile phone to kill the deceased. The petitioner is languishing in custody since 29.07.2022.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased and he is responsible in respect of commission of murder of his wife. The petitioner and others tortured and misbehaved with the victim during her lifetime. From perusal of the case diary, it appears that the witnesses have supported the prosecution case and the postmortem report suggests the cause of death as strangulation (homicidal).

Considering the fact that petitioner is husband of the deceased and the death occurred after one year of

Patna High Court CR. MISC. No.61782 of 2022(3) dt.10-04-2023 3/3 the marriage, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T