Patna High CourtCR. MISC./75346/2023bail rejected

Aklakh @ Eklakh @ Eklakh Hussain v. The State Of Bihar

2024-04-26Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75346 of 2023 Arising Out of PS. Case No.-292 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== Aklakh @ Eklakh @ Eklakh Hussain Son Of Nabi Rasool Resident Of Village - Madarpur, P.S. - Lakri Nabiganj O.P., District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Ratan Kumar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP For the informant :

Mr. Bijay Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Basantpur Lakri Nabiganj (O.P.) P.S. Case No. 292 of 2022 lodged on 24.06.2022 under Sections 304(B)/34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against eight named accused persons including the present petitioner with an allegation of killing the daughter of the informant for non-fulfillment of the dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is working at Surat and used to come after a gap of six months. It is not a case of murder rather it is a case of suicide.

Patna High Court CR. MISC. No.75346 of 2023(4) dt.26-04-2024 2/2 The antecedent of the petitioner is clean and he is in custody since 21.08.2023.

5. Learned counsel for the State opposes the prayer for bail.

6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the petitioner is responsible for all the events as he has failed to take care of his wife which resulted into her death.

7. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Basantpur Lakri Nabiganj (O.P.) P.S. Case No. 292 of 2022 pending before the learned Additional District Judge Siwan is hereby rejected.

9. However, the trial Court is directed to expedite the trial and conclude the same within nine months from today. The petitioner would be at liberty to renew his prayer for bail after nine months.

(Dr. Anshuman, J) Ashwini/- U