Masidur Alam @ Masidur Rahman v. The State Of Bihar
Case brief
What is this about?
The High Court refused bail to the petitioner arrested for murder, rape and other offences. However, it directed the trial court to conclude the trial within nine months due to the petitioner already serving over a year in custody.
What did the court decide?
Bail application rejected; trial directed to conclude within nine months.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28663 of 2014
Arising Out of PS.Case No. -215 Year- 2013 Thana -THAKURGANJ District- KISANGANJ ====================================================== Masidur Alam @ Masidur Rahman Son of Late Sirajul Haque Resident of Village - Gilhabari, P.S. - Jia Pokhar, Distt. - Kishanganj. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Radhe Shyam Prasad, Advocate. For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 4 22-12-2014 Heard Mr. Radhe Shyam Prasad for the petitioner and learned counsel for the State.
The petitioner Masidur Alam @ Masidur Rahman seeks bail in Thakurganj P.S. Case No. 215 of 2013, registered for the offences punishable under Sections 376, 302, 201 and 34 of the Indian Penal Code.
Abdul Sattar the informant alleged that this petitioner and Asgar Ali called her daughter. Immediately, thereafter, the dead body of the informant’s daughter was found.
Learned counsel for the petitioner submits that there is no motive against the petitioner. The only evidence that has come during course of investigation that the petitioner was seen along with the husband of the deceased.
Patna High Court Cr.Misc. No.28663 of 2014 (4) dt.22-12-2014
2
It appears that the mobile from which the deceased received call before leaving her house was found in possession of the petitioner. There appears that the petitioner and the husband of the deceased conspired with each other and killed the daughter of the informant.
Issues for consideration
2 issues framed by the court
Whether the petitioner should be released on bail considering the grave nature of the offences including murder and rape.
Whether the trial should be expedited given the petitioner's prolonged custody.
Parties & counsel
- petitioner
Masidur Alam @ Masidur Rahman
- respondent
The State of Bihar
Coram
Prabhat Kumar Jha
Case details
As recorded by the court registry
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