Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16625 of 2015 Arising Out of PS.Case No. -170 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== Rohit Kumar S/o Nirbhay Singh, Resident of village - Daulatpur, P.S. Gaurichak, District - Patna .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.18872 of 2015 Arising Out of PS.Case No. -170 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== Birendra Singh S/o Late Yodha Singh resident of Village- Daulatpur Dih, Gauri Chak, District Patna .... .... Petitioner/s

Versus

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

(In Cr. Misc. No.16625 of 2015) For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Prem Kr.Jha (App) (In Cr. Misc. No.18872 of 2015) For the Petitioner/s : Mr. Arvind Kumar Sinha For the Opposite Party/s : Mrs. Pronati Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2015 Heard both sides.

The petitioners in Cr. Misc. No. 16625/2015 and Cr. Misc. No. 18872/2015 apprehend their arrest in Gauri Chak P.S. Case No. 170/14 under Section 302 and others sections of the

Patna High Court Cr.Misc. No.16625 of 2015 (2) dt.04-05-2015 2/3 Indian Penal Code and Section 27 of the Arms Act. The father of the deceased made allegation that the petitioners and others killed his son. It is submitted that the father of the deceased is not an eye-witness of the occurrence. Khushboo Kumari, daughter of Abhay Singh, had love affairs with the deceased. The deceased had gone to meet her but in the meantime the accused persons killed him. Khushboo Kumari disclosed the names of the persons, who assaulted the deceased Rahul Kumar, but Khushboo Kumari did not disclose the name of the petitioner Rohit Kumar although she disclosed the name of the petitioner Birendra Singh.

Learned counsel for the informant vehemently opposed the prayer for anticipatory bail.

It appears that the petitioners are named in the F.I.R. The father of the deceased alleged that the petitioners and others killed his son. Khushboo Kumari described about the occurrence and also named other accused persons including the petitioner Birendra Singh but she did not name the petitioner Rohit Kumar. During the course of investigation, the witnesses have, however, stated the name of the petitioner Rohit Kumar also. Considering the facts aforesaid, I am not inclined to enlarge the above named petitioners on anticipatory bail in Gauri

Patna High Court Cr.Misc. No.16625 of 2015 (2) dt.04-05-2015 3/3 Chak P.S. Case No. 170/14. Accordingly the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T