Patna High CourtCR. MISC./64925/2022rejected

Md. Asim @ Md. Asif @ Asim v. The State Of Bihar

2023-04-05Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64925 of 2022 Arising Out of PS. Case No.-212 Year-2021 Thana- ARARIA District- Araria ====================================================== MD. ASIM @ MD. ASIF @ ASIM Son of Md. Asfaque Alam @ Md. Asfarul Resident of village - Gaiyari, Ward No.- 6, P.S.- Araria, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 29.07.2021, in connection with Araria P.S. Case No.212/2021, F.I.R. dated 03.03.2021, registered for the offences punishable under Sections 326, 304B and 34 of the Indian Penal Code. According to prosecution case, there is allegation against the petitioner that he along with other co-accused persons killed the deceased by pouring petrol due to nonfulfillment of the demand of dowry. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation against the petitioner as alleged in the F.I.R. is false

Patna High Court CR. MISC. No.64925 of 2022(4) dt.05-04-2023 2/2 and fabricated and there is no demand of dowry and there is general and omnibus allegation against all the accused persons including the petitioner. He further submits that the deceased sustained burn injury while she was cooking meal in the kitchen.

The learned Additional Public Prosecutor for the State on the other hand on the basis of material available on record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that during investigation as well as it has come in inquest report that the petitioner poured petrol on the deceased.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Araria P.S. Case No.212/2021, pending in the court of learned Chief Judicial Magistrate, Araria.

Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T