Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72458 of 2024 Arising Out of PS. Case No.-127 Year-2022 Thana- HATHUA District- Gopalganj ====================================================== Sunil Kumar Son of Ram Prasad Sah Village- Jado Pipra, P.S.- Hathua, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Sinha For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Session Trial No. 20 of 2024 arising out of Hathwa P.S. Case No. 127 of 2022 dated 19.07.2022 registered for the offences punishable u/ss 302, 201 of the Indian Penal Code.

3. As per the prosecution case, unknown miscreant is alleged to have killed the informant's daughter and later on the skeleton of the dead body was found in a field.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of

Patna High Court CR. MISC. No.72458 of 2024(4) dt.16-04-2025 2/3 the petitioner has sprung up in the self-confessional statement. There is no eyewitness to the alleged occurrence. As per the the FIR, the informant's daughter was missing from her house on 15.07.2022 and only after four days the informant saw a skeleton lying in the field which she presumed to be the skeleton of her daughter without any valid proof. It is further submitted that the informant's daughter was recognized from her cloth near the skeleton suspected that such skeleton was of the her daughter. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.07.2022.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that as per para 39 of the case diary, the petitioner confessed in his confessional statement that he himself committed murder of the informant's daughter by strangulating and cremated her dead body.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail petition of the petitioner stands rejected.

Patna High Court CR. MISC. No.72458 of 2024(4) dt.16-04-2025 3/3

7. The Learned Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Chandra Prakash Singh, J) guddukr/- U T