Sadre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81934 of 2019 Arising Out of PS. Case No.-145 Year-2017 Thana- KARJA District- Muzaffarpur ====================================================== Sadre Alam, Son of Md. Jafeer. Resident of Village - Darapatti, P.S.- Karja, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Pradeep Kumar Sinha For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-01-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner is accused in connection with Karja (Muzaffarpur) P.S. Case No. 145 of 2017, registered under Sections 341, 307 and 120(B) of the Indian Penal Code and later on, Section 304(B) of he Indian Penal Code, pending in the court of 7th Additional Sessions Judge, Muzaffarpur. The accusation is that, informant, Rabana Khatoon (deceased) was present at her Sasural in village Darapatti in the evening of 19.08.2017. At that time, her husband and in-laws used to give pressure to bring money from her Maika as dowry then she refused. In the meantime, her husband (petitioner) and other in-laws sprinkled Kerosene oil and set her on fire and fled

Patna High Court CR. MISC. No.81934 of 2019(2) dt.16-01-2020 2/2 away. Thereafter, neighbours came there and informed to her Maika people then her Maika people came there and rushed to her at S.K.M.C.H, Muzaffarpur, where her statement was recorded.

Learned counsel for the petitioner submits that admittedly, petitioner is the husband of informant, Rabana Khatoon (deceased) and due to short temper she committed suicide by putting fire herself and she was rushed at S.D.M.C.H, Muzaffarpur, by the petitioner and his family members but due to ulterior motive, the present case has been lodged with false allegation. Further submission is that other co-accused, Md. Zafir and Jarina, who are in-laws of the deceased-informant, have already been allowed privilege of bail by a Bench of this Court vide order dated 01.07.2019 passed in Criminal Misc. No. 23180 of 2019.

Having considered the facts and circumstances of the case and the dying declaration of the informant (deceased), I am not inclined to grant bail to the petitioner. Accordingly, his prayer for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T