Patna High Court
Tanjil Islam @ Soldier @ Md. Tanjeel IslamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The bail application is rejected.
Summary
The petitioner, Tanjil Islam, is in custody for alleged dowry‑related homicide under IPC sections 341, 324, 304(B) and 34. The prosecution alleges that the petitioner repeatedly stabbed his wife, leading to her death. The petitioner argues that he has already spent three years in custody and that the trial court has taken six months to complete the trial, warranting bail. The State contends that the petitioner is the sole accused and that the evidence, including a hostile witness, points to his guilt. The court, noting the seriousness of the charges, the hostile witness, and the trial court's undertaking to dispose of the case within six months, rejected the bail application.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the offences and the delay in trial.
Legislation cited
- Indian Penal Code — s. 304(B), 324, 34, 341
Subjects
- dowry death
- bail
- IPC
- trial delay
- hostile witness
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10052 of 2026
Arising Out of PS. Case No.-988 Year-2023 Thana- KHAJANCHI HAT District- Purnia
======================================================
Tanjil Islam @ Soldier @ Md. Tanjeel Islam Son of Tajammul Islam Resident
of Village- Laxmipur, P.S.- Falka, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 01-05-2026 Heard the parties.
2. The petitioner is in custody in connection with
Sessions Trial No. 639 of 2023, arising out of K. Hat (Sahayak)
P.S. Case No. 988 of 2023 for the offence 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.
4. In this case, trial court report was called for which
is now available and according to it, the undertaking has been
Patna High Court CR. MISC. No.10052 of 2026(4) dt.01-05-2026
2/2
given that the trial shall be disposed of within six months.
5. Learned counsel for the petitioner submits that he
had already suffered in custody for three years and still six
months time is been taken by the trial court to complete the trial.
6. Learned APP for the State on the other hand has
taken this Court to para 31 of the case diary and submits that the
petitioner and the deceased lady who was his wife were only
persons present in the house. The allegation of repeated knife
blow is on this petitioner which ultimately proved fatal for the
lady.
7. In reply, learned counsel for the petitioner submits
that the said witness, subsequently has given a different version
before the trial court and was declared hostile.
8. Considering the submissions aforesaid as also the
undertaking given by the learned trial court beside the allegation
that has come against the petitioner; directing him to cooperate
in the trial, the bail application stands rejected.
(Rajiv Roy, J)
Ranjeet/-
U T
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