Patna High CourtCR. MISC./1683/2015disposed

Rajendra Singh And ORS v. The State Of Bihar

2015-01-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1683 of 2015 Arising Out of PS.Case No. -1 Year- 1996 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Rajendra Singh

2. Bundel Singh.

3. Bishnu Singh.

4. Mishrilal Singh.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Nagendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323 and 302 of the Indian Penal Code.

It is alleged that the daughter of the informant went outside to ease out where accused persons were standing and on the order of one of them, Rajendra Singh assaulted with dagger on the belly of the victim, subsequently, the victim died in course of treatment on 05.01.1996. Consequently, Chhatapur P.S. Case No. 01 of 1996 was registered on 03.01.1996. Police after investigation, found the case true and submitted final form on 21.07.1996.

It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.1683 of 2015 (2) dt.15-01-2015 2/2 differing with the final form, order of cognizance was passed on 04.12.2005 and thereafter, the processes have been issued on 06.08.2014.

Considering the fact that the accusation was not found true against the petitioners during investigation and the cognizance has been taken after nine years of submission of final form, it is a case for consideration of regular bail.

Let the learned court below consider the regular bail of the petitioners if they surrender within a period of six weeks in connection with Chhatapur P.S. Case No. 01 of 1996 pending in the court of learned SDJM, Supaul.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T