Md. Sahim v. The State Of Bihar
Case brief
What is this about?
The petitioner challenged bail in a murder case involving the death of his wife. The High Court rejected the bail plea, finding no fit case for release and emphasizing the need to expedite trial due to prolonged incarceration.
What did the court decide?
Prayer for bail rejected; lower court directed to expedite the trial.
What the court decided
A compact analysis
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.49168 of 2013
Arising Out of PS.Case No. -323 Year- 2012 Thana -SAKRA District- MUZAFFARPUR
====================================================== Md. Sahim, Son Of Md. Manjoor, Resident Of Village- Thikahan, P.S.Sakra, District- Muzaffarpur
.... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Bela Singh, Adv. For the Opposite Party/s : Mr. Madhuranand Jha, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
6 05-08-2014 Heard learned counsel for the petitioner as well as learned APP for the State.
Mother of deceased Momina Khatoon registered the instant case on account of death of deceased in her Sasural having ligature mark around her neck. She has further disclosed that deceased was married to petitioner about ten years ago and during intervening period, though, she had begotten three children, was always subjected to maltreatment.
It has been submitted on behalf of the petitioner that the instant case happens to be under Section 302 IPC for which none is an eyewitness to occurrence. It has also been submitted that on account of some sort of dispute on the issue of mobile, deceased had committed suicide. It has further been submitted that father-n-law of deceased, Md. Manjoor had already been granted bail vide Cr. Misc. No. 3599 of 2013. It has next been submitted
Issues for consideration
3 issues framed by the court
Whether the petitioners are fit for bail in a murder case under Section 302 IPC where there is no eyewitness to the occurrence.
Whether the petitioner was required under Section 106 of the Evidence Act to explain the death of the wife given ligature marks.
Whether the case was suitable for grant of bail considering the post-mortem report indicating hanging and prior molestation of the wife.
Parties & counsel
- petitioner
Md. Sahim
- respondent
The State Of Bihar
Coram
Aditya Kumar Trivedi
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court