Md. Nazir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78924 of 2023 Arising Out of PS. Case No.-108 Year-2023 Thana- TARAPUR District- Munger ====================================================== MD. NAZIR HUSSAIN SON OF MD. HAIDAR ALI @ MD. HAIDAR RESIDENT OF VILLAGE - NAWADA, PS- SULTANGANJ, DISTTBHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal , Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 304(B) of the Indian Penal Code and 3/ 4 of the D. P Act.

3 . As per the prosecution case, marriage of the daughter of the complainant was solemnized with the petitioner in the year 2017 , and out of wedlock two children were born . It is further alleged that after some time of marriage, this petitioner along with other co-accused persons started demanding dowry and due to non-fulfillment of the same , on

Patna High Court CR. MISC. No.78924 of 2023(3) dt.12-07-2024 2/3 26.03.2022, this petitioner along with other co-accused persons assaulted the daughter of the informant and killed her after pressing her neck .

4. Learned counsel for the petitioner submits that petitioner is husband of the deceased and he has been falsely implicated in this case by the informant in order to extort money from petitioner. F.I.R., has been lodged after delay of one year and there is no explanation for the same . Before death , there was no complaint of harassment or demand of dowry lodged against the petitioner and only after death of the deceased this present false and concocted case has been lodged. The daughter of the informant died during pregnancy in presence of the informant and her relatives. The parents of the deceased along with family members of the petitioner as well as petitioner himself was present at the time of funeral of deceased and in this regard a certificate was also issued by the Sarpanch of Village Nawada. Petitioner claims clean antecedent.

5. However, learned counsel for the State opposed the bail petition of the petitioner and submitted that petitioner is husband of the deceased and he along with other co-accused persons killed the deceased due to non-fulfillment of the dowry . by pressing her neck and as such deceased died in unnatural

Patna High Court CR. MISC. No.78924 of 2023(3) dt.12-07-2024 3/3 circumstances.

6. Considering the aforesaid facts and circumstances of the case, prayer for pre-arest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T