Patna High CourtCR. MISC./76931/2023bail rejected

Mazbullah Dewan v. The State Of Bihar

2024-02-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76931 of 2023 Arising Out of PS. Case No.-156 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== MAZBULLAH DEWAN SON OF MAINUDIN DEEVAN @ MAINUDDIN DEWAN RESIDENT OF VILLAGE - JAMUNBHAR, P.S. - ADAPUR, DISTRICT - EAST CHAMPARAN, MOTIHARI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP Mr. Rajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Session Trial no.1042 of 2023, arising out of Adapur P.S Case no.156 of 2023 registered under sections 302, 341, 323, 324 and 34 of the Indian Penal Code.

3. As per the prosecution case, the daughter of the informant who was married to the petitioner was strangulated to death.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the

Patna High Court CR. MISC. No.76931 of 2023(3) dt.29-02-2024 2/2 reason that he happens to be the husband of the deceased. The manner of occurrence is other than what has been narrated in the FIR. The petitioner is in custody since 27.5.2023 and has no criminal antecedent. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the petitioner being the husband of the deceased and the cause of death in the post-mortem report being asphyxia due to smothering together with injuries of hard and blunt object having been found on the body of the deceased, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Shiv/- U T