High Court rejected a regular bail petition filed by a petitioner accused of murder charged under IPC sections 302, 120-B and 34. The court declined bail due to the heinous nature of the allegation and refusal to grant bail pending trial.
Petitioner not released on bail; directions to expedite trial.
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.25748 of 2022
Arising Out of PS. Case No.-21 Year-2021 Thana- BARSOI District- Katihar
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MD. SALAM Md. Dukhwa R/o- Paharpur, P.S.- Barsoi, Distt.- Katihar.
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Amitesh Kumar For the informant/s : Mr. Ratnakar Ambastha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 12-10-2022
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in a case registered u/s 302 and 120B read with 34 of the Indian Penal Code.
As per the prosecution case, there was love affair between the daughter of the informant namely Sohagi Khatoon and the petitioner namely Md. Salam and due to this reason, she became pregnant. Thereafter, at the instance of the co-accused Md. Oli, the daughter of the informant was handed over to the co-accused Md. Oli and the petitioner Md. Salam by the sister-
Patna High Court CR. MISC. No.25748 of 2022(3) dt.12-10-2022 2/2
in-law of the informant. Thereafter, the informant learnt that his daughter was killed and when he went to the place of occurrence, he found his daughter's dead body lying in the wheat field with a yellow plastic rope around her neck.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2021.
Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner of committing murder of the deceased and nine witnesses have already been examined by the learned Court below.
Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge this petitioner above-named on bail.
Learned Trial Court is directed to expedite the trial and conclude the same at the earliest.
The bail petition stands rejected.
(Chandra Prakash Singh, J)
shobhakri/-
U T
2 issues framed by the court
Whether regular bail should be granted to the petitioner accused in a murder case.
Whether the prosecution case discloses prima facie guilt warranting rejection of bail.
1 provisions across 1 enactments
Md. Salam
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
