Sachidanand Singh @ Sachida Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41386 of 2016 Arising Out of PS.Case No. -280 Year- 2016 Thana -AMARPUR District- BANKA ======================================================

1. Sachidanand Singh @ Sachida Singh Son of Late Madho Singh

2. Arbind Panjiyara S/o Sri Lakshmi Narayan Panjiyara

3. Anup Lal Bhagat @ Anup Bhagat S/o Late Bitch Bihari Bhagat @ Awadh Bihari Bhagat All residents of village - Amarpur, P.S. - Amarpur, District - Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s Smt. Veena Rani Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-12-2016 Heard both sides.

The petitioners apprehend their arrest in Amarpur P.S. case No. 280 of 2016 under Section 364/34 of the Indian Penal Code.

The informant alleged that on 15.06.2016 Ishwar Mandal took her son, Chandan Sah, to Naugachia but her son did not return. The son of informant died and his dead body was recovered. Ishwar Mandal disclosed that these petitioners also followed him while he was taking Chandan Sah on a tractor. The learned counsel for the petitioners submits that Chandan Sah was learning driving of tractor. Ishwar Mandal took

Patna High Court Cr.Misc. No.41386 of 2016 (3) dt.05-12-2016 2/2 Chandan Sah to Naugachia but it has come in the case diary that Chandan Sah died in an accident. It is further submitted that post mortem report also shows that Chandan Sah died in an accident but from perusal of the statement of informant and Om Prakash Gupta it appears that they have clearly stated that Ishwar Mandal took Chandan Sah, son of the informant, along with him and all these petitioners also followed Chandan Sah and Ishwar Mandal. The dead body of deceased was found and it also transpired that he died but this fact has not been disclosed by the petitioners and Ishwar Mandal and after so many days of disappearance of deceased his dead body was found but the petitioners, who accompanied Chandan Sah, did not disclose the fact about the accident.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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