Chitranjan Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45059 of 2015 Arising Out of PS.Case No. -100 Year- 2015 Thana -IMAMGANJ District- GAYA ======================================================
1. Chitranjan Singh
2. Navin Singh @ Navin Kumar
3. Pravin Singh @ Parvin Singh All Sl. No. 1 to 3 are Sons of Binod Singh
4. Ashok Singh Son of Krishna Singh All are resident of village - Bansi, P.S. Imamganj, District - Gaya
5. Pankaj Singh Son of Bali Singh resident of village - Parsia, P.S. Imamganj, District - Gaya .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ajay Kumar Thakur, Advocate For the Opposite Party : Mr. Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2016 A supplementary affidavit has been filed on behalf of the petitioners, the same is kept on record.
Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. The petitioners are apprehending their arrest in connection with Imamganj P.S. Case No. 100 of 2015 for the offences instituted under Sections 302/34 of the Indian Penal Code.
As per prosecution case that in the evening of the date of occurrence one accused Shambhu Singh took the son of the informant from her house in the pretext of some work but
thereafter no contact with somebody else in late night of the date of occurrence responded on mobile then a person firstly told that it was a wrong number but thereafter on further query being made he started to abuse the another son of the informant giving threatening to kill. The informant thereupon suspected about hands of these petitioners in the alleged killing of her son to kill him because of some sort of enmity.
It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. Whatever allegation is there, i.e., against one Shambhu Singh who is said to have accompanied the deceased. As far as the petitioners are concerned, merely a suspicion has been raised due to previous differences between the parties. Except for suspicion, there is no other material to suggest the implication of the petitioners. From perusal of para nos.39 and 40 of the case diary, it would appear that a different version is being narrated by the independent witnesses. There are three criminal cases against the petitioners and from perusal of the same, it appears that the two cases out of three cases relate to land dispute and in the third case final form has been submitted and the same has been accepted by the court below.
On behalf of the State and the counsel for the
informant, it has been submitted that the petitioners are named in the F.I.R and there is a strong suspicion against them. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Imamganj P.S. Case No. 100 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Sherghati (In charge of Imamganj Police Station), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) B.Kr./- U T