Patna High CourtCR. MISC./38147/2016rejected

Saroj Kumar Singh @ Saroj Singh @ Saroj Kumar v. The State Of Bihar

2016-10-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38147 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -DHANGAI District- BHOJPUR ======================================================

1. Saroj Kumar Singh @ Saroj Singh @ Saroj Kumar Son of Ghura Singh Resident of Village- Auraiya Tola, P.S.- Piro, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Soni Srivastava, Advocate For the Opposite Party/s : Mr. A.Haque Sahara (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-10-2016 Heard both sides.

The petitioner, Saroj Kumar Singh @ Saroj Singh @ Saroj Kumar apprehends his arrest in Dhangai P.S. case No.23/2016 under Section 302, 201/34 of the Indian Penal Code. The Chowkidar is the informant of the case. The informant lodged the case on the recovery of dead body of a female and a new born child against unknown on 11.04.2016. The learned counsel for the petitioner submits that the petitioner is not named in the FIR. The petitioner is not at all related with the husband of the deceased. Rajesh Kumar Singh happens to be cousin brother of Ajay Kumar. Rajesh Kumar Singh confessed his guilt but he did not disclose the name of the petitioner. The name of the petitioner figured in the case in the

Patna High Court Cr.Misc. No.38147 of 2016 (3) dt.03-10-2016 2/2 confessional statement of Ajay Kumar, husband of the deceased. It appears that the dead body was recovered on 11.04.2016 but Laxman Singh, brother of the deceased, Rita Devi, identified the dead body on 11.05.2016. Laxman Singh disclosed that on 10.04.2016 Ajay Kumar took his sister and new born child from his house to take her to Chandigarh but Ajay Kumar killed his sister and her new born child. Ajay Kumar was apprehended and he disclosed the name of the petitioner. Ajay Kumar disclosed that petitioner caught the hand of the deceased and he slit her neck. Although, the confessional statement did not disclose killing of new born child but on the face of it, it appears that the case is gruesome murder of a lady and her new born child by her husband in which the husband of the deceased confessed that petitioner also helped him and thereafter he sent money in the account of Rajesh Kumar Singh, his cousin brother for helping him in killing his wife.

Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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