Tanjil Islam @ Soldier v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43806 of 2024 Arising Out of PS. Case No.-988 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Tanjil Islam @ Soldier Son Of Tajammul Islam Village- Laxmipur, P.S.- Falka, Distt.- Katihar (BIHAR) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate :

Mr. Kumar Rajdeep, Advocate For the State :

Mr. Shyam Kumar Singh, APP For the Informant :

Mr. Fazle Karim, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-12-2024 Heard Mr. N.K. Agrawal learned Senior Counsel for the petitioner and Mr. Fazle Karim, learned counsel representing the information beside learned APP.

2. The petitioner is in judicial custody in connection with Sessions Trial No.-639 of 2023 arising out of K. Hat P.S. Case No. 988 of 2023 for the offences punishable under Sections 341, 324, 304-B and 34 of the Indian Penal Code, lodged on 22.08.2023 by the informant, Md. Muntashir Alam.

3. As per the prosecution story, the informant alleged that the lady was married to the petitioner but was tortured for dowry and on the unfortunate day, she was given repeated knife blow, shifted to Sadar Hospital Purnea and then Neotia Getwell Health Centre but the lady succumbed to the injuries and later died. This led to the F.I.R.

Patna High Court CR. MISC. No.43806 of 2024(5) dt.04-12-2024 2/2

4. Learned Senior Counsel for the petitioner submits that contrary to the allegation made in the F.I.R, the fact remains that of late, the lady had developed relationship with some other person which was resented and it may be handiwork of some other person.

5. Learned counsel for the information submits that whatever may be reason, the fact remains that she was brutally assaulted by giving knife blow on all the body parts and despite best of treatment, she could not be saved.

6. Having heard the parties, the Court can only observe that it is unfortunate that for petty reasons the extreme step is taken by the people which result into the loss of an innocent while the other person remains in judicial custody for long. Taking into account the allegation that has come against this petitioner, no relief can be granted to him.

7. Accordingly, the bail application stands rejected.

8. In view of the fact that the petitioner has remained in custody for more than a year, the Trial Court is requested to look into this aspect and expedite the trial. (Rajiv Roy, J) vinayak/- U T