Saddam Husain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4731 of 2024 Arising Out of PS. Case No.-407 Year-2023 Thana- KONCH District- Gaya ====================================================== Saddam Husain Son of Late- Khalil Ansari Resident of village- konch, P.S.- konch District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.A. Shamsi, Advocate Mr. Tabish Sharfuddin, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP For the informant :

Mr. Ran Vijay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-02-2025 Heard Mr. N.A. Shamsi, learned counsel for the petitioner and Mr. Ran Vijay Kumar representing the informant besides the State.

2. The petitioner is in judicial custody in connection with Konch P.S. Case No. 407 of 2023 for the offence punishable under Sections 304(B)/34 of the Indian Penal Code lodged on 31.08.2023 by the informant, Sahjahan Khatoon.

3. As per the prosecution story, the informant alleged that upon information given by the brother of the informant that some dispute has taken place, they rushed to the place only to see the dead body of the lady lying there.

Patna High Court CR. MISC. No.4731 of 2024(13) dt.14-02-2025 2/3

4. Earlier, when they visited the in-laws house of the lady, found several injuries on her body and to pacify them, a four wheeler car was also handed over to the petitioner, however, she was ultimately killed. This led to the FIR.

5. In this case, post mortem report as also FSL report are on record and as per the viscera report, Celphos has been found in the intestine of the lady.

6. Learned counsel for the petitioner submits that no dispute was there, due to minor issues between the couple, she took extreme steps for which he has already suffered by being in custody for long (19.09.2023).

7. Learned counsel for the informant on the other hand submits that a perusal of the FIR would show that from the day one, she was being tortured and assaulted for dowry and the photographs are there to substantiate the same. He further submits that details of four wheeler is also on record which was given to him to keep the lady happy but ultimately she had to leave the world.

8. Having gone through the facts of the case, perusal of the FIR and the submissions of the parties coupled with the post mortem report as also the FSL report, this Court does not deem it fit and proper to extend him the privilege of the bail

Patna High Court CR. MISC. No.4731 of 2024(13) dt.14-02-2025 3/3 which is accordingly rejected.

9. Since the petitioner is in custody since 19.09.2023, the Trial Court is requested to do the needful, expedite the same so that the trial is taken to its logical conclusion at an earliest. (Rajiv Roy, J) Ravi/- U T