Uma Kant Singh And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.10478 of 2015 (4) dt.09-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10478 of 2015 Arising Out of PS.Case No. -24 Year- 2014 Thana -JURAWNPUR District- VAISHALI(HAJIPUR) ======================================================
1. Uma Kant Singh son of Late Bhuneshwar Singh
2. Rama Kant Singh son of Late Bhuneshwar Singh
3. Shiva Kant Singh son of Late Bhuneshwar Singh
4. Rajeev Singh son of Shiva Kant Singh
5. Manish Singh @ Manish Kumar Singh son of Uma Kant Singh
6. Karu Singh son of Uma Kant Singh All resident of village- Birpur, P.S.- Jurawanpur, District- Vaishali at Hazipur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. Nand Kishore Prasad (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioners apprehend their arrest in connection with Jurawanpur P.S. Case No. 24 of 2014 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that, save and except, the statement of Santosh Kumar, who had gone out alongwith the deceased, there is no other cogent materials on record, so as to connect these petitioners with the present case. It is further submitted that these petitioners had some dispute with the said Santosh Kumar and as a result, thereof, being the agnate of Sri Ram Singh, the petitioners' entire family, have been made
Patna High Court Cr.Misc. No.10478 of 2015 (4) dt.09-07-2015 accused in connection with the present case. It is further submitted that there is allegation that perhaps there was some illicit relationship between the daughter of Umakant Singh with the deceased. However, in the case diary, it has also come on record that the statement, made by Santosh Kumar is also doubtful. From the aforementioned submissions and also the fact that the post mortem report indicates that the time elapsed since death is between 12-48 hours while the occurrence took place on 2.11.2014, and hence, the story, made by said Santosh Kumar is not substantiated.
Considering the fact that there is vagueness of allegation and also enmity between the family of Pankaj Kumar and these petitioners as also the fact that petitioners have got no criminal antecedent, let the petitioners, in the event of their arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No. 24 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J) Jagdish/- U T