Patna High CourtCR. MISC./78857/2024bail granted

Nigam Pandey v. The State Of Bihar

2024-11-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78877 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- MIRGANJ District- Purnia ====================================================== Deepak Kumar Yadav S/O Vilash Yadav @ Vilakshan Yadav Resident of - Pahad Tol, Ward no .11 ,P.S -Mirganj, District Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mirganj P.S. Case No. 68 of 2024 instituted for the offences under Sections 302 and 34 of the Indian Penal Code.

3. As per prosecution case, the accusation against the petitioner is of killing his own breastfeeding daughter, aged about 1 1⁄2 years, by firing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. The petitioner is the father of the deceased. There is no eye-witness to the alleged occurrence. The petitioner has no criminal antecedent and is languishing in

Patna High Court CR. MISC. No.78877 of 2024(2) dt.11-11-2024 2/2 judicial custody since 21.06.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that there is direct and specific allegation of killing by firing against the petitioner. The postmortem report also supports the prosecution case and, hence, he does not deserve bail.

6. Considering the nature and gravity of offence as also there being direct and specific allegation of killing against the petitioner which is corroborated by the postmortem report, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. (Rudra Prakash Mishra, J) rishi/- U T