IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19609 of 2011 Noor Alam @ Md. Noor Alam Versus The State Of Bihar ---------- 03/ 18.08.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 10.3.2011 in Paroo P.S. case no. 20/2009 initially, registered under section 307/34 of the IPC and subsequently, section 302 of the IPC was also added. There is specific allegation against the petitioner that he along with two other co-accused set the deceased on fire. In course of investigation, it came to light that deceased had love affair with the petitioner and the petitioner sexually exploited the deceased but subsequently, he refused to marry with her and the petitioner and other accused took the deceased in the house of the petitioner and committed the alleged crime. The contention of learned counsel for the petitioner is that, as a matter of fact, it was a case of honour killing and mother and sister of the deceased set deceased on fire and lodged this false case. It is also pointed out by him that at paras 37 and 41 of the case diary, witnesses have stated that petitioner was not present at his home at the time of alleged occurrence. On the other hand, learned Addl. Public Prosecutor submitted that fardbeyan of the informant amounts to her dying declaration which has been supported by mother of deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner - 2 - on bail. Accordingly, the prayer for bail of the petitioner in connection with Paroo P.S. Case no. 20/2009 pending in the court of the Sub divisional Judicial Magistrate West, Muzaffarpur is, hereby rejected. shahid (Hemant Kumar Srivastava,J)