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Patna High CourtCR. MISC./55276/2015rejected

Basudeo Yadav v. The State Of Bihar

2016-02-18Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55276 of 2015 Arising Out of PS.Case No. -65 Year- 2014 Thana -BELAGANJ District- GAYA ====================================================== Basudeo Yadav, son of Sri Kameshwar Yadav, Resident of VillageRaghubarbigha, P.S.- Belaganj, District- Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Adv. For the Opposite Party/s : Mr. Satyavrat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Belaganj P.S. Case No. 65/2014 registered under Sections 302, 201 of the Indian Penal Code pending in the Court of Additional District & Sessions Judge VI, Gaya.

The allegation against the petitioner is that in the evening of 01.06.2014 he took his son Sagar Kumar aged about one and half years in absence of his mother Malti Devi, the informant. Later on search was made but his son was not found and on the next day the dead body was found in a ditch. Learned counsel appearing on behalf of the petitioner submits that none have seen the petitioner to kill his son Sagar Kumar. Mere on suspicion the petitioner has been implicated in

Patna High Court Cr.Misc. No.55276 of 2015 (3) dt.18-02-2016 2/2 this case.

On the other hand, learned A.P.P. submits that witnesses in paras 6 and 7 of the case diary who are Sunil Kumar and Dukhan Yadav have supported the prosecution case about taking the boy in the evening and also recovery of the dead body on the next day.

Taking into consideration the facts and circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected.

(Rajendra Kumar Mishra, J.) Rakhi U T