Balwant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17301 of 2019 Arising Out of PS. Case No.-43 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== BALWANT SINGH Son of Bitan Singh @ Biteshwar Singh R/O- Old Bindgawan, P.S.- Barhara in the district of Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhu Narayan Sharma For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Barhara P.S. Case No. 43 of 2018 registered under sections 366(A)/34, 376(D)/302/376(A) of the I.P.C. and section 4 of the POCSO Act pending in the Court of C.J.M., Bhojpur at Ara. Submission of learned counsel for the petitioner is that petitioner is in custody since 06.02.2018. He is innocent and has falsely been implicated in the present case. Further submission is that petitioner has no criminal antecedent. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that there is direct allegation of kidnapping of the victim girl by taking her away on his motorcycle. In course of investigation, the dead

Patna High Court CR. MISC. No.17301 of 2019(4) dt.22-07-2019 2/2 body of the victim-deceased was recovered on the confessional statement of the petitioner.

Having considered the above facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) shailendra/- U T