Md Anwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1205 of 2022 Arising Out of PS. Case No.-138 Year-2019 Thana- AMARPUR District- Banka ====================================================== MD ANWAR SON OF MIR ALAUDDIN R/O VILLAGE- BALUA, P.S.- AMARPUR, DIST.- BANKA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2023 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.
As per the prosecution case, the informant states that the petitioner who happens to be her husband along with the other accused persons poured kerosene oil on her and burnt her. The informant died the next day.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only for the reason that he happens to be the husband of the deceased. No such occurrence as alleged has taken place. The deceased committed suicide. The petitioner is in custody since 20.4.2019 and has no criminal antecedent. There is no chance of
Patna High Court CR. MISC. No.1205 of 2022(4) dt.17-01-2023 2/2 the trial concluding in the near future.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner who happens to be the husband of the informant ie the deceased and the categorical allegation of the informant in the FIR that the petitioner and others poured kerosene oil on her and burnt her as a result of which she subsequently died, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Spd/- U T