Md Ashlam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64299 of 2022 Arising Out of PS. Case No.-322 Year-2022 Thana- GARKHA District- Saran ====================================================== MD ASHLAM S/O Abdul Gani @ Abdul Gani Miyan R/O VillageMotirajpur, P.S- Garkha, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.J.N. Thakur, APP For the Informant Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Garkha P.S. Case No. 322 of 2022, registered for the offences punishable under Sections 302/34 of the Indian Penal Code. As per allegation, the daughter of the informant was married to the petitioner in the year 2015. Her daughter used to complain to the informant that her husband (petitioner) used to talk with another girl. The accused persons demanded Rs. 1 lakh cash and a motorcycle and they threatened to kill the victim if their demand remained unfulfilled. All the accused persons had committed murder of the deceased.

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

Patna High Court CR. MISC. No.64299 of 2022(4) dt.06-04-2023 2/2 is husband of the deceased, but he is also father of two minor children, and there is none to lookafter them as he is under custody since 22.05.2022.

On the other hand, Sri J.N. Thakur, the learned APP has opposed the prayer for bail and submitted that the independent witnesses in paragraph no. 33 of the case diary have supported the occurrence with the allegation that the petitioner has committed murder of his wife by strangulation.

In my view, the petitioner does not deserve the privileges for bail. Accordingly, it is rejected.

Nawneet Kumar Pandey, J) Nirmal/Kundan U T