Taufique Alam @ Md. Taufique Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77747 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- BHAGWAN BAZAR District- Saran ====================================================== Taufique Alam @ Md. Taufique Alam, age 25 years, Male, S/o Md. Rafik @ Rafique, R/o Mohalla- Nai Bazar, P.S.- Bhagwan Bazar, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-03-2020 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

The petitioner seeks bail in Bhagwan Bazar P.S. Case No.167 of 2019, registered under Sections 304(B) and 34 of the Indian Penal Code.

The brother of the deceased alleged that his sister was married with the petitioner in the year 2017 and after marriage her husband and other family members started subjecting her to physical and mental torture due to non-fulfillment of demand of dowry. Even after much persuasion, the accused persons continued to torture his sister. On 10.04.2019, the informant got information about killing of his sister and when the informant went there, the husband and other in-laws of his sister were not

Patna High Court CR. MISC. No.77747 of 2019(3) dt.17-03-2020 2/3 present in the house. The police came and recovered the dead body.

Learned counsel for the petitioner submits that one labour was white washing the adjacent house and he disclosed that a child was weeping inside the room and one lady hanged herself and died. It is further submitted that there is no material to show that the petitioner ever tortured his wife. Learned counsel for the informant as well as the learned Additional Public Prosecutor submits that when the informant after having received the information about killing of his sister went to the house of his sister, no family member was found present in the house. The police came and recovered the dead body from the cot. There is ligature mark all around the neck of the deceased. There is specific allegation that the petitioner being the husband of the deceased was torturing her due to non-fulfillment of demand of dowry. Thus, the petitioner does not deserve bail.

Having considered the submissions, it appears that the petitioner is the husband of the deceased. The deceased died of strangulation within two years of her marriage and many witnesses including the informant disclosed that the petitioner was subjecting the deceased to different sorts of torture due to

Patna High Court CR. MISC. No.77747 of 2019(3) dt.17-03-2020 3/3 non-fulfillment of demand of dowry. The deceased died within two years of her marriage.

Taking into consideration the facts and the fact that the petitioner is the husband of the deceased, I am not inclined to enlarge the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within one year from the date of receipt of this order. If the trial is not concluded within one year, the petitioner may renew his prayer for bail. (Prabhat Kumar Jha, J) S.KUMAR/- U T