Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4646 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- SIMRI District- Buxar ====================================================== RAHUL KUMAR S/o Kanhya Singh R/o village- Nagpura, P.S.- Simari, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-05-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual court proceeding.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code. Earlier, FIR was filed under Section 365 of the Indian Penal Code.

On the basis of Sanha of missing of the deceased by maternal grand father of the deceased, the present FIR has been instituted. It is stated that on 03.05.2020, the boy aged about three years was playing near the house was missing. The informant tried to locate his grand maternal son in the locality and nearby places, but he could not locate the boy. Learned counsel for the petitioner submits that he is innocent, not named in the FIR and has been falsely implicated

Patna High Court CR. MISC. No.4646 of 2021(3) dt.26-05-2021 2/2 in this case only on suspicion as the petitioner has illicit relation with the mother of the deceased boy. He submits that there is no material against the petitioner to connect him in this case except the confession of co-accused. He submits that co-accused has been granted bail by the learned court below itself. He further submits that petitioner has no criminal antecedent and he is languishing in judicial custody since 06.05.2020. However, learned APP for the State opposes the prayer for bail submitting that petitioner is the main assailant and he is alleged to have committed murder of three year old boy.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail at present. Accordingly, his payer for bail is rejected in connection with Simari P.S. Case No. 124 of 2020 pending before the court of the learned Chief Judicial Magistrate, Buxar.

Accordingly, the application is dismissed.

(Anjani Kumar Sharan, J) devendra/- U T