Surendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7381 of 2017 Arising Out of PS.Case No. -321 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Surendra Sahani, son of Ramanad Sahani @ Ram Chandra Sahani, Resident of Village - Khoda Mansingha, P.S. Sugauli, District- West Champarna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Sahni, Advocate For the informant : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel representing the State.

The petitioner seeks bail in connection with Turkaulia P.S Case No. 321 of 2016 registered for the offences punishable under Section 364/34, 302/201/120(B) of the Indian Penal Code.

Allegedly, Prince Kumar aged about 4 years, the son of the informant was kidnapped and killed and his dead body was thrown in the river.

Submission is of false implication and that besides confessional statement there is no other legal material against the petitioner, no one has seen the petitioner kidnapping the boy or

Patna High Court Cr.Misc. No.7381 of 2017 (3) dt.27-04-2017 2/2 killing him, the name of the petitioner has come in the confessional statement of Narersh Sahani and thereafter the confessional statement of the petitioner was also got recorded forcibly and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that on the basis of confessional statement of co-accused and the petitioner the dead body was recovered and further one spade was recovered which was used in the crime.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Turkaulia P.S. Case No. 321 of 2016, pending in the court of learnedChief Judicial Magistrate, East Champaran, Motihari. (Jitendra Mohan Sharma, J.) Rajiv/- U T