IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31535 of 2011 Lalan Kumar Versus The State Of Bihar ----------------------------------
with
Criminal Miscellaneous No.34100 of 2011
Sanjeev Kumar Jha
Versus
The State Of Bihar
———————————-
2 12-10-2011 Both the above-said Cr. Misc. Cases arise out of
the same case i.e. Begusarai (Muffasil) P.S. Case No. 77 of
2011 registered under Sections-364, 302, 201/34, 120B of the
Indian Penal Code and accordingly, they are being heard and
disposed of by this common order.
Heard learned counsel for the petitioners as well as
learned Additional Public Prosecutor for the state.
Petitioners are not named in the first information
report but in course of investigation, it came to light that the
deceased had entered the house of co-accused, Chandan Jha
and forcibly established physical relationship with sister of the
aforesaid Chandan Kumar Jha and while the deceased was
present in the house of Chandan Jha, the above-said Chandan
Jha came there and a scuffle took place between the
deceased and Chandan Jha. In the meantime, the aforesaid
Chandan Jha and his sister raised alarm which attracted the
petitioners who are Gotiyas of aforesaid Chandan Kumar and
after that allegedly, the petitioners and aforesaid Chandan Jha
2
mercilessly beaten the deceased as a result of which, he died
then and there.
It also came in course of investigation that one
skeleton was recovered from an orchard on the basis of
confessional statement of co-accused, Chandan Jha but there
is northing in the entire case diary to show this fact that the
aforesaid skeleton belonged to the deceased of the present
case.
Learned counsel appearing for the informant
opposed the prayer submitting that both the petitioners
participated in committing the alleged crime and after
committing the murder of the deceased, the petitioners and
other accused tried to destroy the dead body of the deceased.
Taking into consideration the aforesaid facts and
circumstances as well as submission of the parties, let the
petitioners, namely, Lalan Kumar (in Cr. Misc. No. 31535 of
2011) and Sanjeev Kumar Jha (in Cr. Misc. No. 34100 of
2011) be released on bail on furnishing bail bonds of Rs
10,000/- (ten thousand) each with two sureties of the like
amount each in connection with Begusarai (Muffasil) P.S.
Case No. 77 of 2011 to the satisfaction of Chief Judicial
Magistrate, Begusarai.
AKV/- ( Hemant Kumar Srivastava,J.)