Patna High CourtCR. MISC./66157/2018dismissed

Shahab Alam @ Md. Shaheb Alam v. The State Of Bihar

2018-11-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66157 of 2018 Arising Out of PS. Case No.-49 Year-2017 Thana- ROH District- Nawada ====================================================== Shahab Alam @ Md. Shaheb Alam Son of Rahmat Alam @ Rahmat Miyan Resident of Gulzarbagh Roh,Police Station Roh,Distt.-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-11-2018 Heard the learned counsel for the petitioner, the informant and the learned A.P.P. for the State. The petitioner seeks bail in Roh P.S. Case No. 49/2017, instituted for offences under Sections 304(B) of the Indian Penal Code.

Petitioner is husband of deceased.

It is alleged in the written report that daughter of informant was married with this petitioner nine months ago. Just after marriage, daughter of informant was tortured in her Sasural for demand of dowry. On 09.06.2017 when the informant went to Sasural of his daughter, he found his daughter has sustained burn injury. It is further alleged that on being questioned his daughter stated that all the accused persons including the petitioner had burnt her and fled away from the

Patna High Court Cr.Misc. No.66157 of 2018(3) dt.30-11-2018 2/2 house.

Learned counsel for the petitioner has submitted that compromise petition has been filed before the court below. The offence under Section 304(B) of the Indian Penal Code is not compoundable. The filing of compromise petition is just tampering with evidence. The girl died due to burn injury. The doctor has found 80% burn injury in the post-mortem report.

Therefore, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

Trial court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of nine months from the date of receipt of this order.

(Sanjay Priya, J) rakhi/- U T