Md. Sajid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58505 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- SAKRI District- Madhubani ====================================================== Md. Sajid Son of Mohammed Alkama Shaikh @ Md. Alkama R/O Vill.- Dhunsi, P.S.- Manigachhi, Dist.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Mishra, Adv.

Mr.Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP For the informant :

Mr. Shailendra Kumar Jha, ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-11-2024 Heard Mr. Sudhir Kumar Mishra, learned counsel for the petitioner, Mr. Shailendra Kumar Jha and Mr. Bharat Bhushan, learned APP.

2. The petitioner is in judicial custody in connection with Sakri P.S. Case No. 65 of 2024 for the offences punishable under sections 363, 366, 302, 201 of the IPC, lodged on 05.04.2024 by the informant, Md. Azhar Hasan.

3. As per the prosecution story, the informant alleged that the victim went out but failed to return and as they failed to locate her, the FIR alleging role.

4. Subsequently, the police after registering the FIR investigated the matter, this petitioner being a suspect was picked up, made a confessional statement where he elaborated that the girl was taken by him on a motorcycle in a room, raped and later, killed. Pursuant to his confession, the CCTV camera

Patna High Court CR. MISC. No.58505 of 2024(3) dt.21-11-2024 2/2 of Mithila Petrol Pump checked, according to which, he came there, filled his motorcycle tank and the deceased was sitting as a pillion rider. Further, after his confessional statement, the dead body as also the bag of the victim lady and her educational certificates were recovered/seized.

5. Though, learned counsel for the petitioner tried to show his innocence, both the learned APP as also learned counsel for the informant jointly submitted that it is in the category of heinous crime, the lady believing his words, accompanied him, went to the room along with him where not only she was raped, subsequently, the petitioner allegedly, ensured that she is killed.

6. Pursuant to his confession, the body, the bag along with educational certificates recovered/seized, the chain stands completed and in that background, this Court does not deem it fit and proper to extend him the privilege of bail which is, accordingly, rejected.

(Rajiv Roy, J) perwez U T