Haribansh Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44440 of 2016 Arising Out of PS.Case No. -993 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Haribansh Singh, Son of Late Ram jag Singh

2. Sanjay Singh

3. Sri Kant Singh, Both sons of Haribansh Singh (Petitioner No. 1)

4. Bitu Singh, Son of Sanjay singh ( Petitioner no. 2) All Resident of Village - Ghordihan, P.S. Kargahar, District - Rohatas ( Sasaram). .... .... Petitioners

Versus

1. State of Bihar

2. Baijnath Singh S/o Late Paras Singh, Resident of Village- Ghoridihan P.S. Kargahar, District- Rohtas ( Sasaram).

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Babu Nandan Prasad For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-10-2016 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Complaint Case No. 993 of 2013, registered under Sections 364 and 302 of the Indian Penal Code.

Learned counsel for the petitioners submits that initially Complaint Case No. 67 of 2013 was lodged by complainant Baijnath Singh regarding the kidnapping and murder of his two months old son against the petitioners and four others, which was sent by the Chief Judicial Magistrate, Sasaram, under Section 156(3) of Cr.P.C. for investigation in the Police Station. Accordingly, Kargahar P.S. Case

Patna High Court Cr.Misc. No.44440 of 2016 (2) dt.22-10-2016 2/2 No. 161 of 2013 was instituted and after investigation Policesubmitted Final Form and recommended proceeding under Sections 182/211 of Cr.P.C. Thereafter, complainant/informant filed the protest petition No. 993 of 2013 and on inquiry, the petitioners have been summoned for the offence under Section 364 and 302 of I.P.C. Further submission is that Post Mortem Report reveals that cause of death of Bronchitis and Pneumonia.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Sasaram (Rohtas) in connection with Compliant Case No. 993 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J.) manish/- U T