Gautam Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13098 of 2018 Arising Out of PS.Case No. -109 Year- 2017 Thana -PARWATTA District- KHAGARIA ====================================================== Gautam Kumar Yadav, Son of Anil Yadav, Resident of Village- Naya Gawon, P.S.- Parbatta, District- Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Sri Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 363 IPC and later on Sections 364,302/34 IPC has been added. It is submitted by the petitioner's counsel that the dead body which has been recovered cannot be said to be that of Sunny Kumar as from the medical report it is apparent that it was in a highly decomposed condition.

On going through the case diary it appears that the recovery of the dead body has been made on the basis of confessional statement of Avinash Kumar@Mintu Kumar as also this petitioner and the father of the deceased has identified the body on the basis of cloth which have been recovered along with

Patna High Court Cr.Misc. No.13098 of 2018 (3) dt.06-04-2018 2/2 the dead body.

Considering the gravity of the allegation, this court, for the present is not inclined to grant bail to the petitioner. The prayer is rejected.

(Madhuresh Prasad, J) Prakash/- U