Md. Kalimuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34454 of 2020 Arising Out of PS. Case No.-47 Year-2020 Thana- PALASI District- Araria ====================================================== MD. KALIMUDDIN Son of Late Madhhu Resident of Village - Kankhudia, Ward no. 01, P.S.- Palasi, District - Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Kumar Jha For the Opposite Party/s :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-02-2021 Heard both sides.
The petitioner seeks bail in Palasi P.S. Case No.47 of 2020(G.R. No.542/2020) registered under Sections 302 and 34 of the Indian Penal Code.
The informant alleged that while he was away from his house, the accused persons assaulted his wife and killed by strangulating her. His eight years old son namely, Mustafa saw the occurrence.
The learned counsel for the petitioner submits that there is a land dispute between the two sides. There is no eyewitness of the occurrence. The informant was away from his home. The son of the informant is the only eye witness of the occurrence and he disclosed that accused persons dragged his mother and assaulted her. All the accused persons dragged her
Patna High Court CR. MISC. No.34454 of 2020(3) dt.25-02-2021 2/2 inside the house and hanged her. The son of the deceased raised alarm. Other witnesses have also disclosed this fact. Taking into consideration the facts that son of the deceased has specifically alleged that the petitioner and others dragged his mother inside the house and hanged her in a rope causing her death, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of this order.
(Prabhat Kumar Jha, J) Saurabh/- U T