Md. Mozib v. The State Of Bihar

.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jagdish Prasad, Adv.. For the Opposite Party/s : Mr. A. Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3 07-10-2013 Heard learned counsel for the parties. Having regard to the fact that the petitioner, an accused for offence under Section 302/201 of the India Penal Code, himself claims to have married the deceased and that her dead body was found under suspicious circumstances whereas the postmortem report shows that she was also subjected to certain injuries, the obligation under Section 106 of the Evidence Act will be on the petitioner to explain as to how the deceased had died because it is the petitioner who was sharing the same bedroom and the same bed in which the deceased was said to have been found dead. The explanation of the petitioner that the deceased had committed suicide because her mother had asked her not to visit her house does not inspire much confidence for a simple reason that if a girl can walk away from her own house for marrying with the petitioner against the wishes of her parents, she will never be Patna High Court Cr.Misc. No.16186 of 2013 (3) dt.07-10-2013 2 so sensitive of being rebuked by her mother driving her to even commit suicide. Considering all these aspects, this Court is not inclined to grant bail to the petitioner and, accordingly, the prayer for bail of the petitioner, namely, Md. Mozib is rejected. (Mihir Kumar Jha, J) Rishi/-