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Patna High CourtCR. MISC./6192/2015dismissed

Amarjeet Kumar @ Chikku v. The State Of Bihar

2015-04-15Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6192 of 2015 Arising Out of PS.Case No. -31 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== Amarjeet Kumar @ Chikku S/o Sri Kant Singh resident of Village - Sadahapura, P.S. - Gaurichak, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.6335 of 2015 Arising Out of PS.Case No. -31 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== Sri Kant Singh S/o Ram Uchit Singh @ Uchit Singh, resident of VillageSadahpura, P.S.- Gaurichak, District- Patna .... .... Petitioner/s

Versus

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

(In Cr. Misc. No.6192 of 2015) For the Petitioner/s : Mr. Bhaskar Shankar, Advocate. For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P. (In Cr. Misc. No.6335 of 2015) For the Petitioner/s : Mr. Rakesh Singh, Advocate. For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-04-2015 Heard both sides.

Petitioners Amarjeet Kumar @ Chikku and Sri Kant Singh seek their bail in Gaurichak P.S. Case No. 31 of 2014 registered under Section 302 and 324 of the Indian Penal Code. The informant alleged that his son Pravin Kumar, aged about 4 years, was playing near his house and from there he

Patna High Court Cr.Misc. No.6192 of 2015 (3) dt.15-04-2015 2/3 was missing. The informant suspected that Gopal Kumar might have kidnapped his son. A search was made. On the next day, the dead body of the boy was found inside the boundary wall of Mukhdeo Singh.

Sri Krishna Prasad Singh, learned senior counsel for the petitioners, submits that the petitioners are brother and father of Gopal Kumar. There is no eye witness of the occurrence. A banyan of Gopal Kumar stained with blood was recovered from his room and there appears no evidence to show that the petitioners in any way participated in the killing of the minor boy. There appears that the boy was missing and thereafter a search was made but the boy could not be traced out. A bloodstained banyan of Gopal Kumar was found from inside the house of the petitioners. From perusal of the supervision note, it appears that blood was also found on the water pot kept near the house of the petitioners. There appears that the boy was killed inside the house and thereafter his dead body was thrown in the boundary wall premises of Mukhdeo Singh. The facts disclosed that a four year child was brutally killed on account of some family dispute. Hence, I am not inclined to enlarge the petitioners at this stage on bail. Accordingly, the same is rejected.

The trial court is directed to expedite the trial and

Patna High Court Cr.Misc. No.6192 of 2015 (3) dt.15-04-2015 3/3 conclude the same within nine months from the date of receipt / production of this order. If the trial is not concluded within the stipulated period, the petitioners may renew their prayer for bail firstly in the trial court.

(Prabhat Kumar Jha, J) Dilip/- U T