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Patna High Court – Orders
Lalan Kumar vs The State Of Bihar on 12 October, 2011
                        Criminal Miscellaneous No.31535 of 2011
                                         Lalan Kumar
                                   The State Of Bihar

Criminal Miscellaneous No.34100 of 2011
Sanjeev Kumar Jha
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

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


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.)

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