Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14659 of 2020 Arising Out of PS. Case No.-43 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== Sonu Kumar S/o Satrudhan Prasad Resident of Malahi Bazar, P.S.- Gobindganj (Malahi), District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prahalad Kumar Bhagat For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

02-06-2020 Heard learned counsel for the parties through video conferencing.

This relates to grant of bail in Gobindganj (Malahi) P.S. Case No. 43 of 2019 registered for the offence under Section 363 of the Indian Penal Code. Later on, Sections 302/201/34 of the I.P.C. were added.

As per F.I.R., the son of the informant, aged about 11 years, went missing from his house.

It is submitted on behalf of petitioner that petitioner is not named in the F.I.R. and he has falsely been implicated in this case. Nothing has been recovered from the possession of petitioner. The petitioner is student and he is in custody since 17-02-2019.

However, counsel for the State has vehemently

Patna High Court CR. MISC. No.14659 of 2020(3) dt.02-06-2020 2/2 opposed the prayer for bail and submitted that petitioner has confessed his guilt and his confession led to recovery of the dead body of the informant's son from a canal and as such, the police submitted chargesheet against the petitioner. It is further submitted that as per post-mortem report, the cause of death is Asphyxia due to smothering.

In the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.

The bail application is rejected.

(Prabhat Kumar Singh, J.) anay U T