Nazare Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81437 of 2024 Arising Out of PS. Case No.-124 Year-2024 Thana- PAHARPUR District- East Champaran ====================================================== Nazare Alam S/o Samsul Mian R/O- Vill- Bataraulia, P.S- Paharpur, DisttEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Paharpur P.S. Case No. 124 of 2024 instituted for the offences under Sections 304B, 302, 34 of the Indian Penal Code.
3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the husband of the deceased. Learned counsel for
Patna High Court CR. MISC. No.81437 of 2024(3) dt.18-02-2025 2/3 the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner has not committed the murder of his wife and police, on the basis of mere presumption that this petitioner used to quarrel with his wife, submitted charge-sheet under Section 302 of the I.P.C. Learned counsel further submitted that as a matter of fact, there is no eye-witness to support the case as also there is no material against the petitioner to make out a case against him under Section 302 of the I.P.C.. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.03.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further submitted that this petitioner along with other family members tortured and killed the deceased for nonfulfillment of demand of dowry. The post-mortem report also supports the allegation levelled against the accused persons including the petitioner.
6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence, this Court is not inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.81437 of 2024(3) dt.18-02-2025 3/3
7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T