Patna High Court
Md. Fariruddin @ Fariruddin @ Md. FareeruddinversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail, holding that the seriousness of the alleged murder precludes its grant.
Summary
The petitioner, Md. Fariruddin, was charged under Section 80(2) of the Bharatiya Nyaya Sanhita, 2023 for allegedly murdering his wife over dowry demands. He applied for regular bail, claiming innocence and having been in custody since February 15, 2026. The State opposed bail, asserting prima facie evidence and the seriousness of the alleged murder. The court examined the gravity of the offence and the presence of direct allegations against the petitioner. Concluding that the nature of the crime warranted continued detention, the court dismissed the bail application, allowing the petitioner to reapply if the trial is delayed.
Issues considered
- Whether regular bail should be granted to the accused under Section 80(2) of the Bharatiya Nyaya Sanhita, 2023 in a murder case involving dowry demands.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 80(2)
Subjects
- regular bail
- murder
- dowry death
- Bharatiya Nyaya Sanhita
- Section 80(2)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44667 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- MANIHARI District- Katihar
======================================================
Md. Fariruddin @ Fariruddin @ Md. Fareeruddin son of Md. Akram @
Akaram Alee Resident of Village- Amirabad PS -Manihari District -Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar
For the Opposite Party/s : Ms. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Manihari P.S. Case No. 40 of 2026 registered for the offence
under Sections 80(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have committed the murder of his wife by strangulating her
owing to non-fulfillment of dowry demands.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 15.02.2026.
5. Per contra, learned counsel for the State
vehemently opposes the bail application and submits that the
Patna High Court CR. MISC. No.44667 of 2026(2) dt.09-07-2026
2/2
allegations against the petitioner are serious and grave in nature.
It is contended that there exists prima facie material against the
petitioner indicating his involvement in the commission of the
offence. It is also submitted that there is direct allegation against
the petitioner.
6. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
7. Accordingly, this application for regular bail stands
dismissed. If the trial is delayed by the prosecution, the
petitioner may renew his prayer for bail.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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