Md Jubair v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67093 of 2022 Arising Out of PS. Case No.-251 Year-2021 Thana- HISUWA District- Nawada ====================================================== Md Jubair Son of Md Jawade Resident of Basti Bigha, P.S- Hishua, DistNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 19.01.2022 in connection with Hisua P.S. Case No. 251 of 2021, F.I.R. dated 17.05.2021 for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code. According to prosecution case, the petitioner along with other accused persons murdered the daughter of the informant who is his wife due to non-fulfillment of his demand of Rs. 4,50,000/-.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.67093 of 2022(3) dt.24-04-2023 2/2 petitioner has clean antecedent and he has falsely been implicated in the present case only on the basis that the petitioner is the husband of the deceased. It appears from the F.I.R. that there is no specific allegation attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor on the basis of material available on record and the case diary have vehemently opposed the prayer for bail of the petitioner and submits that the postmortem report of the victim suggest that the victim was murdered by the petitioner and there is sufficient material to suggest the involvement of the petitioner in present occurrence.

Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Hisua P.S. Case No. 251 of 2021 pending in the court of learned Additional District Judge XII, Nawada. Prayer is refused.

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