Hari Narayan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49064 of 2016 Arising Out of PS.Case No. -332 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Hari Narayan Singh Son of Late Jhuri Singh

2. Gauri Shankar Singh Son of Hari Narayan Singh Both resident of Village- Barhupar, P.S.- Mohania, District- Kaimur (Bhabhua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rameshwar Singh For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2017 Heard both sides.

The petitioners apprehend their arrest in Mohania P.S. case No. 332 of 2016 under Section 302/34 of the Indian Penal Code.

The informant, son of the deceased Sriram Singh, alleged that Sriram Singh had gone to his field to plough the land but uncle of the informant, Hari Narayan Singh, along with other accused persons assaulted Sriram Singh and killed him. The learned counsel for the petitioners submits that informant is not an eye witness of the occurrence. There is absolutely no evidence to show that petitioners killed Sriram Singh. Sriram Singh died his natural death as he was old but from

Patna High Court Cr.Misc. No.49064 of 2016 (3) dt.12-01-2017 2/2 perusal of the case diary, it appears that there were so many injuries on the body of Sriram Singh caused by hard and blunt object and witnesses in paragraphs 36 and 37 of the case diary have stated that petitioners assaulted Sriram Singh, who died on the spot.

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

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