Patna High Court
Md. SalimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner is entitled to bail on furnishing the prescribed bond and sureties.
Summary
The petitioner, Md. Salim, husband of the deceased, applied for bail in a case registered under Sections 302, 304B, 498A, 120B and 34 of the Indian Penal Code. He claimed innocence, stating that the deceased had committed suicide by hanging and that he was not present at the scene. The petitioner had been in custody since 30 April 2024 and had a clean antecedent. The charge sheet was framed on 11 December 2024. Considering the length of custody, the petitioner’s clean record, and the circumstances suggesting suicide, the court ordered his release on bail. Bail was to be secured by a bond of Rs. 10,000 and two sureties of the same amount each.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges under the IPC
- Whether the alleged suicide and the petitioner’s non‑presence at the scene justify bail
- Whether the petitioner’s clean antecedent and period of custody warrant bail
Legislation cited
- Indian Penal Code — s. 120B, 302, 304B, 34, 498A
Subjects
- bail
- Indian Penal Code
- murder
- dowry death
- conspiracy
- suicide
- false implication
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82293 of 2025
Arising Out of PS. Case No.-22 Year-2024 Thana- Salmari District- Katihar
======================================================
Md. Salim S/O Late Hasnain @ Late Md. Hasnain Resident of Village-
Mohra tola, P.S.- Salmari, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Musowir
For the Opposite Party/s : Mr.Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 302/304(B)/498A/120(B)/34 of the
Indian Penal Code.
3. The petitioner is husband of the deceased.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He was not present at the place of occurrence. As a matter
of fact, the deceased committed suicide by hanging. Petitioner is
in custody since 30.04.2024, having clean antecedent. In this
case, charge has been framed on 11.12.2024.
5. Considering the period of custody, let the above
named petitioner be released on bail on furnishing bail-bond of
Patna High Court CR. MISC. No.82293 of 2025(2) dt.27-01-2026
2/2
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District & Additional Sessions
Judge, Katihar / concerned Court in connection with S.T. No.
378 of 2024, arising out of Salmari P.S. Case No. 22 of 2024.
(Prabhat Kumar Singh, J)
anay
U T
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