Prasanjit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53787 of 2021 Arising Out of PS. Case No.-88 Year-2021 Thana- POTHIYA District- Kishanganj ====================================================== Prasanjit Singh S/o Late Bijay Singh R/o village- Bhauligachh, P.S.- Pothia, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

03-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Pothia P.S. Case No. 88 of 2021 (CIS No. 18 of 2021), registered for the offence under Sections 302, 201, 376, 379, 34 of the Indian Penal Code and Section 4 / 6 of the POCSO Act.

As per the prosecution case, this petitioner is alleged to have kidnapped and killed the minor daughter of the informant.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case by the informant in collusion with Mukhiya of the said village. There is delay of four days in lodging the F.I.R., as the victim became traceless on 05.05.2021, but F.I.R. was lodged on 09.05.2021, that too after recovery of dead-body of the victim. Petitioner is in custody

Patna High Court CR. MISC. No.53787 of 2021(2) dt.03-12-2021 2/2 since 10.05.2021.

However, learned A.P.P. for the State opposed the bail petition and submitted that during course of investigation, it has come that pursuant to disclosure made by this petitioner, the dead-body of victim was recovered and as per post-mortem report, the deceased died due to strangulation. Considering the nature of accusation and gravity of offence, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J) anay U T