Danish Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22135 of 2018 Arising Out of PS.Case No. -126 Year- 2017 Thana -PHULWARI District- PATNA ====================================================== Danish Khan, S/o Akhtar Khan, R/v- Balidad, P.S.- Mehandia, Distt.- Arwal (Bihar).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under Sections 304B, 120B and 201 of the Indian penal Code.

It is submitted by the learned counsel for the petitioner that the petitioner is not the husband of the victim and that he has been falsely implicated in this case, which is actually the case of suicide as suggested by the postmortem report. He also submits that co-accused Chhotu Sao has been allowed bail in Cr. Misc. No.52667 of 2017. There is specific allegation against the petitioner of being the husband.

The death of the victim is unnatural and the

Patna High Court Cr.Misc. No.22135 of 2018 (3) dt.23-05-2018 2/2 allegation suggests that on 27.2.2017, the petitioner has taken her away. Thereafter, on 28.2.2017, the dead body has been found near at Phulwarisharif Oil Depot.

Considering the aforesaid allegation and in view of the fact that the allegation against Chhotu is different from that of the petitioner, who is said to be the husband and would primarily be responsible, this Court is not inclined to grant bail to the petitioner for the present. The prayer for bail of the petitioner is rejected.

(Madhuresh Prasad, J) N.H./- U T