IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.4563 of 2011
KAMAL SINGH, SSON OF RAJ BALLAV SINGH, RESIDENT OF
LOHIA NAGAR, P.S. SADAR, DISTRICT- BEGUSARAI.
....PETITIONER.
Versus
THE STATE OF BIHAR. ....OPPOSITE PARTY.
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2. 22.02.2011 Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is in custody in relation to Begusarai
Town P.S. Case No. 224 of 2010 instituted under Section
302/34 of the Indian Penal Code.
It is alleged by the informant that her son was taken
away by one Rajesh alias Goga and Gautam Kumar who
came at her house. The informant went to search for him.
Having heard the cry of her son, she rushed to the spot and
found Rajesh Kumar alias Goga, his brother Kamal Singh, the
petitioner and Gautam Kumar Singh running away from the
spot where her son was lying on the ground with multiple
injuries on his head. She states in the First Information Report
that her son was taken to Begusarai hospital where he was
declared dead by the Doctor.
Learned senior counsel appearing for the petitioner
submits that a reference to the post mortem report would
show that the injuries to the chest and liver were such that
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there was no possibility for the deceased to speak. He further
stated that in the fardbeyan itself, the informant states that her
son had been taken away by the persons to settle their own
internal family disputes.
Having considered the matter, in my view, there
being direct allegation against the petitioner by the mother of
the deceased having seen the three persons fleeing away from
the spot, this is enough to reject this application.
Let the trial be expedited.
Devendra/ (Navaniti Prasad Singh, J.)