Kisa Singh @ Krishna Singh @ Kisha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65869 of 2019 Arising Out of PS. Case No.-3272 Year-2015 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Kisa Singh @ Krishna Singh @ Kisha Singh, S/o Jai Kishor Singh R/o village- Persauni Khas, P.S.- Uchakagaon, District- Gopalganj 2.

Jai Kishor Singh @ Jay Kishor Singh S/o Late Kamla Singh R/o villagePersauni Khas, P.S.- Uchakagaon, District- Gopalganj ... ... Petitioners

Versus

1.

The State of Bihar 2.

Chand Tara Khatoon Wife of Sk. Hajrat R/o village- Persauni Khas, P.S.- Uchakagaon, District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Compliant Case No. 3272 of 2015, registered under Section 302 of the Indian Penal Code.

The accusation is that at about 8.00 P.M. on 21.03.2014, Safi Alam, aged about 19 years, son of the complainant/O.P. No.2 was accompanied by petitioner No.1 Kisa Singh @ Krishna Singh and one unknown on motorcycle, but Safi Alam did not return. Thereafter, complainant and her

Patna High Court CR. MISC. No.65869 of 2019(2) dt.04-11-2019 2/3 husband Sk. Hajrat went at the house of petitioner No.1, but petitioner No.1 and his father petitioner No.2 did not give any satisfactory reply. On the next day, information was received about lying of dead body of Safi Alam in village-Mathiya then informant and her husband went there and saw the dead body of her son sustaining injuries. The dead body of the deceased was taken at the Police Station, where Police took her thumb impression on plain paper and dead body was sent for Postmortem and after receiving the dead body, informant performed last ceremony of her son. Later on, informant came to know that case was not lodged by the Police in proper way. Learned counsel for the petitioners submits that, in fact, after death of son of the complainant/O.P. No.

2 on the basis of written report of complainant/O.P. No.2, Uchkagaon P.S. Case No. 55 of 2014 on 22.03.2014 under Section 304(A) of the I.P.C., but later on, with ulterior motive, at the instigation of the villagers, the complainant/O.P. No.2 lodged the present complaint case. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.65869 of 2019(2) dt.04-11-2019 3/3 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Complaint Case No. 3272 of 2015 (Tr. No. 1026 of 2019), subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T