Patna High CourtCR. MISC./23873/2017rejected

Md. Tainul Mian @ Tainul Mian v. The State Of Bihar

2017-06-14Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23873 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Md. Tainul Mian @ Tainul Mian Son of Sultan Mian Resident of VillageJagdishpur, P.S. Sahebganj, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Yugal Kishore, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 14-06-2017 Heard learned counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Sahebganj P.S. Case No.102 of 2016 registered under Sections 302/34/201 of the Indian Penal Code.

Allegation in brief is that the petitioner was married 8 years back with Safina Khatoon (the deceased) and killed her as the demand of further dowry was not realized and burried the dead body secretly.

Learned counsel appearing on behalf of the petitioner submits that the allegation is not true. The elder son of the petitioner is 12 years, so marriage was solemnized much before and this case was lodged after lapse of five days since the death of the deceased.

Patna High Court Cr.Misc. No.23873 of 2017 (2) dt.14-06-2017 2/2 Learned A.P.P. submits that the petitioner is husband and there is specific allegation against him for killing his wife and the impugned rejection order discloses evidence against him in paras 5, 6; 7, 8 and 18 of case diary.

Considering the specific allegation against the petitioner, who is the husband of the deceased, the prayer for bail at this stage is rejected. The trial court is directed to expedite the trial and preferably conclude it in a year, if not concluded due to latches of the prosecution, the petitioner may renew his prayer of bail.

(Arun Kumar, J) N.H./- U T