Dablu Singh @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25615 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -SAHKUND District- BHAGALPUR ====================================================== Dablu Singh @ Sonu, Son of Sri Bhopal Pd. Singh, resident of villageKelapur Malmal Tola, P.S. Sajour, District- Bhagalpur. .... .... Petitioner/s

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Adv.

For the Opposite Party/s : Mr. Sri Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Half burnt dead body of an unknown person was located by the informant, a police personnel whereupon, instant case has been registered on his self-statement.

As is evident from para-35 of the case diary parents, sister, brother-in-law and other family members of deceased arrived at the P.S. where they have seen photographs, apparel of the deceased and identified the same to be that of Rahul Kumar. Then thereafter, as is evident from para-36 Jhula Devi, mother of deceased had filed written report wherein she had disclosed that deceased Rahul had gone along with Gautam Singh about three days ago. At that very time, he had divulge that within 2-3 days he will return back. When he did not return, then she along with other family members met with Gautam who shown ignorance. During course of search, they came across with the newspaper and on the basis thereof, approached the police station she along with her husband are consistent over the same. Para-40 is the statement of Dilip Kumar Singh, brother-in-law of deceased who had

Patna High Court Cr.Misc. No.25615 of 2016 (3) dt.13-07-2016 apart from others narrated that during course of query, he came to know that Dablu Kumar Singh, Gautam Singh and Rahul Kumar were seen near Karjani. He further disclosed the mobile number of Gautam Singh as 7766804751, Dablu Kumar Singh 9973986491 and deceased Rahul Kumar 9661040643. Furthermore, it is evident from para-51 that those mobile numbers were duly verified from the office of the SSP and para-52, 53 speaks with regard to call details. Para-54,55 of the case diary discloses location wherefrom, it is evident that apart from Karjani, their location also extended up to within the jurisdiction of Sahkund P.S. The petitioner along with Gautam were aggrieved with the deceased Rahul Kumar and the cause is evident from the statement of Anjana Kumari, recorded under para-82 of the case diary, sister of deceased along with them and then thereafter, petitioner was apprehended followed with his inculpatory extra judicial confessional statement recorded under para-97.

So, it is apparent that deceased had left and further, the tower location of deceased along with petitioner and Gautam is found suggesting their companionship which found duly supported from statement of the witnesses including strong motive, consequent thereupon, I do not see it a fit case for grant of bail.

Prayer for bail is rejected.

(Aditya Kumar Trivedi, J) PN/- U T