IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23593 of 2011
Md. Nazibur Rahman @ Dildar, S/O-Md. Azizul Rahman @ Laddu
Versus
The State Of Bihar
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03 26.09.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State assisted by learned
counsel for the informant.
Petitioner being husband of the deceased is languishing
in jail custody since 18.05.2011 in a case registered under Sections
304 (B)/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that, as a
matter of fact, deceased committed suicide on account of petty family
feud but I am not, at all, convinced with his submission.
Admittedly, the marriage of the deceased had taken
place with petitioner on 30.01.2010 and she died within a very short
span of time i.e. on 18.06.2010. There is allegation of demand of
dowry as well as torture. The death of the deceased was other than
normal circumstances.
Considering the aforesaid facts and circumstances as
well as submissions of the parties, I do not feel it proper to release the
petitioner on bail. Accordingly, his prayer for bail in connection with
Bochaha P.S. Case No. 97 of 2010 is, hereby, rejected.
It appears from perusal of prayer portion of this petition
that the case of this petitioner is still pending in the court of Chief
Judicial Magistrate, Muzaffarpur. The Chief Judicial Magistrate,
Muzaffarpur is directed to commit the case of the petitioner to the
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court of Sessions in accordance with law within a month from the date
of receipt of this order and after that the trial court shall expedite the
trial of the petitioner.
SHAHZAD ( Hemant Kumar Srivastava, J.)