Md. Shamshuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48560 of 2016 Arising Out of PS.Case No. -68 Year- 2016 Thana -KANTI District- MUZAFFARPUR ====================================================== Md. Shamshuddin .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-01-2017 Heard.

Earlier prayer for bail of the petitioner was rejected by this court vide order dated 21-06-2016 passed in Cr. Misc. No. 24970 of 2016 but the petitioner being father-in-law of the deceased is in jail custody since 11-02-2016 in a case, in which, charge sheet has been submitted u/S 304B/34 of the Indian Penal Code against the petitioner whereas; investigation, against the other accused including husband of the deceased, has been kept pending.

Learned counsel for the petitioner submits that husband of the deceased has already surrendered before the court below on 07-12-2016. Moreover, the written report goes to show that prior to death of the deceased, she had lodged Cr. Case against her husband and in-laws and, after compromise, she had gone to her in-laws' house where she was allegedly, killed.

Patna High Court Cr.Misc. No.48560 of 2016 (3) dt.25-01-2017 2/2 Regard being had to the aforesaid facts and circumstances as well as submission of the parties; again I am not inclined to release the petitioner on bail.

Hence, the prayer for bail in connection with Kanti P.S. Case No. 68 of 2016 stands rejected.

However, the petitioner may renew his prayer for bail after six months, if, his trial is not concluded within the above-said period.

(Hemant Kumar Srivastava, J) A.K.V./- U T