Chunnu Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.29437 of 2014 (3) dt.12-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29437 of 2014 Arising Out of PS.Case No. -49 Year- 2014 Thana -NARHAT District- NAWADA ======================================================

1. Chunnu Singh

2. Munnu Singh Both sons of Siya Sharan Singh residents of village - Sahbajpur Sarai, P.S. - Sitamarhi, District - Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sajal Kumar Sinha For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2015 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Narhat (Sitamarhi) P.S. Case No. 49 of 2014 registered for the offences punishable under Sections 147, 148, 149, 341, 323 and 302 of the Indian Penal Code.

Allegedly, the brother of the informant before his death told him that he was assaulted by the petitioners and other FIR named accused persons by gun, rifle, iron rod and bat and when the informant brought him at Nawada Sadar Hospital and from there he was brought to PMCH, he died during treatment. Submission is that the petitioners have been falsely

Patna High Court Cr.Misc. No.29437 of 2014 (3) dt.12-01-2015 implicated, there is no specific allegation of committing any overt act and due to enmity they have been implicated to which the learned APP duly assisted by the learned counsel for the informant opposes by submitting that the brother of the informant has stated the name of the petitioners also.

In the facts and circumstances stated above, considering the fact that the deceased has stated the name of the petitioners also that they along with others have assaulted him brutally due to which he succumbed to the injuries, this Court is not persuaded to enlarge the petitioners on pre-arrest bail. Accordingly, their such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T