Patna High Court
Md. Imajuddin @ ImajuddinversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court held that bail could not be granted and dismissed the petitioner's bail application.
Summary
The petitioner, Md. Imajuddin, was arrested in connection with a murder case (PS Kodhobari Case No. 32 of 2023) under sections 302 and 34 of the Indian Penal Code. The prosecution alleges that the sister of an informant, who was married to the petitioner, was tortured and killed, while the petitioner claims he is falsely implicated and that the death was a suicide. The petitioner applied for regular bail, arguing lack of eyewitnesses and a harmonious marital relationship spanning 17 years with nine children. The State opposed the bail, emphasizing the seriousness of the charge, the recovery of the dead body behind the house of the petitioner’s second wife's parents, and the petitioner’s relationship to the deceased. After hearing both sides, the Court declined to grant bail, finding the circumstances warrant continued custody, and directed the trial court to expedite the trial.
Issues considered
- Whether regular bail should be granted to the accused in a murder case under IPC sections 302 and 34 where the accused is the husband of the deceased.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- regular bail
- murder
- IPC 302
- IPC 34
- criminal procedure
- bail denial
- presumption of guilt
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6387 of 2026
Arising Out of PS. Case No.-32 Year-2023 Thana- KODHOBARI District- Kishanganj
======================================================
Md. Imajuddin @ Imajuddin Son of Ismail Haque Resident of village -
Lohagarha, Samed Tola, P.S.- Kodhobari, District - Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Kodhobari P.S. Case
no.32 of 2023 registered under sections 302 and 34 of the Indian
Penal Code.
3. As per the prosecution case, the sister of the
informant who was married to the petitioner herein was
physically and mentally tortured and ultimately done to death.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the case only for the
reason that he happens to be the husband of the deceased. No
such occurrence as alleged has taken place. The petitioner is in
custody since 30.7.2025. The petitioner and the sister of the
informant were leading a happy conjugal life for 17 years since
Patna High Court CR. MISC. No.6387 of 2026(2) dt.04-02-2026
2/2
they were married and they had nine children out of the said
wedlock. No external or internal injury was found and it appears
that the deceased committed suicide. There is no eye witness to
the occurrence.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the petitioner being the husband of the deceased, dead
body of the deceased having been recovered behind the house of
the parents of the second wife of the petitioner, the Court is not
inclined to enlarge the petitioner on bail and the application is
rejected.
7. Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
Saurabh/-
U T
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