In a bail application under sections 302 IPC, the Patna High Court rejected the plea refusing to enlarge the husband accused as contradictory post-mortem findings confirmed strangulation and injuries.
Bail prayer rejected; trial court directed to conclude trial within nine months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27882 of 2014 |
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| Arising Out of PS.Case No. -35 Year- 2013 Thana -TEDHAGACHH District- KISANGANJ ====================================================== Md. Arif Son of Late Ali Hussain Resident of Village - Lodhabari, P.S. - Terhagachh, District - Kishanganj. |
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| .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarangdhar Jha, Advocate. For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== |
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| CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER |
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| 4 | 23-12-2014 Heard both sides. |
| The petitioner Md. Arif seeks bail in Terhagachh P.S. | |
| Case No. 35 of 2013, registered for the offences punishable under | |
| Section 302 and some other Sections of the Indian Penal Code. | |
| The father of the deceased made allegation that his | |
| daughter Khusnuma Begum was assaulted by her husband and | |
| others and they ultimately killed her. |
Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. Other accused persons have already been enlarged on bail. The petitioner is, of course, husband of the deceased but he is in jail for last one and half years. The post-mortem report also shows that the deceased did not receive any external injuries.
Patna High Court Cr.Misc. No.27882 of 2014 (4) dt.23-12-2014
2
The learned APP on the other hand disclosed that there were many injuries on the body of the deceased and she was strangulated to death.
Having considered the facts that the petitioner is the husband and there is allegation against the petitioner that he was torturing his wife before the occurrence and on the date of occurrence, the deceased Khusnuma Begum was strangulated to death and corresponding injuries were found in the post-mortem report, I am not inclined to enlarge the petitioner, namely, Md. Arif on bail. Accordingly, his prayer for bail is rejected.
However, the trial court is directed to expedite the trial and conclude the same preferably within nine months from the date of receipt/production of a copy of this order and if the trial is not concluded within the stipulated period, the petitioner, if so advised, may renew his prayer for bail before the court below.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with murder given specific allegations of torture and strangulation against the deceased wife.
1 provisions across 1 enactments
Md. Arif
The State of Bihar
Prabhata Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
