Moinul Haque v. The State Of Bihar
Case brief
What is this about?
This court rejected the petitioner's bail application in a Section 304(B) IPC case regarding the death of his wife. While the petitioner had been in custody since 2016, the court refused bail due to the prima facie nature of the case. However, the Additional Sessions Judge was directed to conclude the trial within one year, otherwise bail may be re-evaluated.
What did the court decide?
The prayer for bail is rejected. The Additional Sessions Judge is directed to conclude the trial within one year.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3358 of 2018
Arising Out of PS. Case No.-131 Year-2016 Thana- BALRAMPUR District- Katihar
======================================================
Moinul Haque, S/o Late Abdul Haque, R/o Village- Salernpur Siro Tola, P.S.Balrampur, Distt- Katihar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
3 14-03-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Issues for consideration
2 issues framed by the court
Whether the petitioner, husband of the deceased, should be granted bail in a case under Sections 304(B) and 34 IPC where the trial is delayed due to non-production of prosecution witnesses.
Whether the Additional Sessions Judge should be directed to conclude the trial within one year.
Parties & counsel
- petitioner
MOINUL HAQUE
- respondent
THE STATE OF BIHAR
Coram
RAJENDRA KUMAR MISHRA
Case details
As recorded by the court registry
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