Balmitra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50048 of 2017 Arising Out of PS.Case No. -48 Year- 2012 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Balmitra Kumar, S/o Shri Sumeshwar singh, R/o Village- Kawal, P.S.- Dawath, District- Rohtas at Sasaram.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 263 of 2017, arising out of Dawath P.S.Case No. 48 of 2012 registered for the offences punishable under Sections 363, 365, 302, 364 and 201/34 of the Indian Penal Code. Allegation against the petitioner is of kidnapping son of the informant and causing death to him. It further appears from perusal of recode that skeleton was recovered from the place. Submission of learned counsel for the petitioner is that there is delay of six months in lodging of FIR and except confessional statement there is nothing against him and he is in custody since 9.6.2012.

Heard learned APP and learned counsel for the

Patna High Court Cr.Misc. No.50048 of 2017 (3) dt.13-11-2017 2/2 informant. They have opposed the prayer for bail on the ground of recovery of skeleton of the deceased and he was absconded from police custody.

Having heard both sides and in view of facts and circumstances, as stated above, and conduct of the petitioner, I am not inclined to grant bail to the petitioner. Hence prayer for bail is rejected.

(Vinod Kumar Sinha, J) spal/- U