Md. Saddam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39885 of 2019 Arising Out of PS. Case No.-338 Year-2018 Thana- ATHMALGOLA District- Patna ====================================================== MD. SADDAM Son of Md. Shahabuddin @ Sabuddin @ Md.Sahab Resident of Village- Ahijan, Police Station- Athmalgola, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Athmalgola P.S. Case No. 338/2018, instituted for offence under Section(s) 364/34 of the Indian Penal Code. Later on Section 302, 201 and 120(B)/34 of the Indian Penal Code were also added.

Learned counsel for petitioner has submitted that there is no eye-witness to the occurrence.

It is alleged in the written report that petitioner kidnapped the son of informant.

During investigation police arrested this petitioner and recorded his confession, in which he has confessed his guilt. It appears from case diary that on the disclosure of petitioner semi-burnt dead body of son of informant was

Patna High Court CR. MISC. No.39885 of 2019(3) dt.28-08-2019 2/2 recovered.

Learned counsel for petitioner has submitted that there was no proper identification of the dead body because body was semi-burnt.

Petitioner is in custody since 29.12.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Barh, Patna, in connection with Athmalgola P.S. Case No. 338/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T