Md. Saddam vs The State Of Bihar
2021 Latest Caselaw 3740 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No. 9493 of 2021
      Arising Out of PS. Case No.-1 Year-2019 Thana- DULHIN BAZAR District- Patna
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Md. Saddam, aged about 20 years, Gender- Male, Son of Hasan Raja @ Mohammad Hasan Raja, Resident of Village Kopa, PS- Dulhin Bazar, District- Patna.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s     :       Mr. Nand Kishore Prasad, Advocate
 For the State            :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Nand Kishore Prasad, learned counsel for

the petitioner and Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with Dulhin

Bazar PS Case No. 01 of 2019 dated 01.01.2019, instituted under

Section 302 of the Indian Penal Code.

4. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by judgment and order dated

11.12.2019 passed in Cr. Misc. No. 45796 of 2019.

Patna High Court CR. MISC. No.9493 of 2021 dt.28-07-2021

5. The allegation against the petitioner is of killing his

three years old niece, who was the daughter of the informant.

6. Learned counsel for the petitioner submitted that it is

not believable that the petitioner, who was uncle of the deceased,

would kill her. Further, it was submitted that the so-called

confessional statement has been extracted by the police due to

coercion as his name had already been taken in the FIR and the

same is also not admissible as evidence. It was submitted that the

petitioner is in custody since 02.01.2019.

7. Learned APP submitted that there is no fresh ground

to reconsider the prayer for bail which was earlier rejected on

11.12.2019. He submitted that the confessional statement of the

petitioner is a very natural confession as he has expressed deep

resentment at the conduct of informant towards him and his

parents and to take revenge, the child was killed. It was submitted

that the postmortem report shows that the doctor has found injury

on the face and death was due to swallowing of water, which is

corroborated from the confessional statement and further that

witnesses have stated that the petitioner was seen going with the

deceased girl.

Patna High Court CR. MISC. No.9493 of 2021 dt.28-07-2021

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant bail to the petitioner.

9. Accordingly, the petition stands dismissed.

10. However, the Court below shall expedite the trial.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T