Md. Raja Alam @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63872 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Md. Raja Alam @ Raja Son of Md. Habib Resident of Village- Amhara, Ward NO.-12, P.S.- Forbesganj, District- Araria .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Forbesganj P.S. case No. 60 of 2022 instituted for the offence under Sections 365, 302, 201/34 of the Indian Penal Code. As per FIR the prosecution case, in brief, is that the informant's daughter (deceased) got married with the petitioner and blessed with two children from the wedlock but the petitioner in connivance with his family members used to torture her mentally as well as physically. On 12.01.2022 the informant came to know about the missing of her daughter from the in-laws house and upon inquiry, the in-laws members have not given proper response about the missing of his daughter. Informant has strong suspicion that petitioner had killed his daughter and her dead body was recovered from nearby canal.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. Petitioner is the

Patna High Court CR. MISC. No.63872 of 2022(4) dt.27-06-2023 2/2 husband of the deceased and he has been falsely implicated in this case. There is no prior complain/information regarding torture and harassment made by the petitioner. No one is the eye witness of the alleged occurrence. In fact, deceased was of unsound mind and she used to go outside without any information and she herself committed suicide by jumping inside the canal. No any antemortem injury was found over available bones for examination. Petitioner is languishing in judicial custody since 27.03.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that petitioner is husband of the deceased and he must be responsible to keep his wife with proper behavior and dignity. During investigation, several witnesses have supported the prosecution story.

Having heard the learned counsel for the parties and considering the fact and circumstances of the case, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

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