Md. Belal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65213 of 2024 Arising Out of PS. Case No.-206 Year-2022 Thana- ABADPUR District- Katihar ====================================================== Md. Belal S/o- Naushad Resident of village- Sakpan PS- Abadpur DistrictKatihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Musowir, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Abadpur P.S. Case No. 206 of 2022 dated 03.12.2022 registered for the offence punishable under Sections 304(B), 120(B)/34 of the Indian Penal Code.
3. The prosecution case, in short, is that the informant's daughter was married with one Md. Naushad, who had gone to Delhi to earn his livelihood but he stopped taking care of his family. He called his wife to Delhi but she did not go to Delhi. She was threatened by her husband. The informant's daughter was working as labourer. The informant on the date of occurrence came to know that his daughter has died in the inlaw's house.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.65213 of 2024(6) dt.06-12-2024 2/3 petitioner is innocent and has been falsely implicated in this case. It is submitted that petitioner was not present at the time of occurrence. As per the F.I.R., he was in Delhi. It is submitted that informant's daughter herself committed suicide. It is also submitted that there is no eye witness to the occurrence. It is further submitted that nothing has come against the petitioner to suggest the commission of offence has been made by the petitioner. It is further submitted that other accused persons, namely, Matiur Rahman and Reshma have been granted bail vide order dated 17.05.2023 passed in Criminal Miscellaneous No. 16647 of 2023 by this Court and by a co-ordinate Bench of this Court respectively. Lastly, it has been submitted that the petitioner is in custody since 07.12.2022, having no criminal antecedent and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner and submitted that petitioner is husband of the deceased.
6. Earlier a report was called for from the concerned court about the present stage of the case which has been received whereby the learned District & Additional Sessions Judge-IV has submitted that the case is pending for prosecution evidence and there are eleven charge-sheeted witnesses out of
Patna High Court CR. MISC. No.65213 of 2024(6) dt.06-12-2024 3/3 which three witnesses have been examined till date.
7. Having considered the facts and circumstances of the case and the submissions made by the learned counsel for the parties coupled with the fact that the petitioner being the husband of the deceased is fully responsible for her care, I am not inclined to grant bail to the petitioner.
8. Accordingly, the prayer of the petitioner for grant of bail is again rejected.
9. The learned Trial Court is directed to take all endeavour to conclude the trial within nine months from the date of receipt/production of a copy of this order without granting any necessary adjournment. If the trial is not concluded within nine months, the petitioner will be at liberty to renew his prayer for bail.
(Khatim Reza, J) prabhat/- U T