Md. Gulab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12607 of 2025 Arising Out of PS. Case No.-176 Year-2024 Thana- SAKRI District- Madhubani ====================================================== Md. Gulab S/O Late Md. Janif R/O Village- Sakri Dafaddar Tola, Ward No.- 12, P.S- Sakri, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumari Pallavi For the Opposite Party/s :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-05-2025 Heard Mrs. Kumari Pallavi, learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 103, 3(5) of the BNS Act.
3. The case of the prosecution is that the informant was called by the petitioner and she was informed that her maternal grandmother has died due to heart attack. The informant went to village Sakri, where her maternal grandmother used to live, she found her dead. It has been further alleged that there was a black mark on her neck. Seeing this, the informant suspected that the grandmother has been killed by
Patna High Court CR. MISC. No.12607 of 2025(3) dt.09-05-2025 2/3 strangulation. It has been alleged that on 12.08.2024, there has been a dispute with the petitioner and deceased regarding some cash.
4. The learned counsel for the petitioner has submitted that he himself has called the informant. It has also been submitted that from perusal of the post-mortem report, it will transpire that the Doctor has not given any final opinion regarding the cause of death. The learned counsel for the petitioner has submitted that the deceased was living with the petitioner and it is clear from the post-mortem report that the Doctor has found bleeding from mouth and right nostril and has found circular ligature mark of black color with abrasion at mid and all around the neck was present. As per the case of the petitioner, the death was natural but the post-mortem report goes to show at least that the death was not natural and it is clear case of murder.
5. Considering the above facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage.
6. The present bail application stands rejected.
7. The learned Trial Court is directed to expedite the trial.
Patna High Court CR. MISC. No.12607 of 2025(3) dt.09-05-2025 3/3
8. If the trial is not concluded within a period of 6 months, then the petitioner will be at liberty to renew his prayer for bail, if so advised.
(Ashok Kumar Pandey, J) sharun/- U T