Patna High Court Cr.Misc. No.30448 of 2011 (2) dt.09-09-2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30448 of 2011
======================================================
Prem Kumar Singh , S/O Krishna Nandan Singh, R/O Vill- Bhimpura, P.S.-
Ajimabad, Distt- Bhojpur.
…. …. Petitioner
Versus
The State Of Bihar
…. …. Opposite Party
======================================================
2 09-09-2011 Heard learned counsel for petitioner and learned
counsel for the State.
The petitioner apprehends his arrest in connection with
a case registered for the offence under section 302/34 of the Indian
Penal Code.
It has been alleged that accused persons, namely, Prem
Kumar Singh (the petitioner), Krishnandan Singh and Rekha
Kuamri entered in the courtyard of the informant and started
abusing his father. Co-accused Krishnandan Singh is alleged to
have exhorted the petitioner and Rekha Kumari upon which both
of them indiscriminately made assault on the father of the
informant causing several injuries on his person. When the
informant tried to intervene he was also assaulted. The father of
the informant was taken to Hospital at Sandesh wherefrom he was
referred to Patna for treatment. He was admitted in D.N. Singh
Memorial Trust Hospital, Srikrishnapuri, Patna. In course of
treatment his father died on 04.08.2009. It is also alleged that
Patna High Court Cr.Misc. No.30448 of 2011 (2) dt.09-09-2011
information was given to Srikrishnapuri Police Station and police
had recorded statement in the hospital on 30.07.2009. On
12.09.2009 the informant came to know that no case was
registered by the police and thus a complaint was filed on
17.09.2009, which was referred to police for institution of F.I.R.
and investigation. Accordingly the F.I.R. was registered on
29.10.2009. It is submitted on behalf of the petitioner that the
petitioner, his father and his daughter have been made accused in
this case maliciously. The alleged incident of occurrence is said to
have taken place on 29.07.2009 at 5 P.M. at Village- Bhimpura in
Bhagalpur District. No case was registered either by the informant
or any one else. The death took place on 04.08.2009 at 5.30 A.M.
and even without informing the police the dead body has
admittedly been cremated. Neither the inquest report was prepared
nor the post mortem was conducted. The informant in the
complaint itself submits that he brought the dead body to his
village and cremated. It is also submitted that the deceased died
due to brain haemorrhage. He was aged about 75 years and the
present case is nothing but an abuse of the process of court as the
criminal prosecution has belatedly been launched with an oblique
motive. It is submitted that the petitioner has got no criminal
antecedent.
Patna High Court Cr.Misc. No.30448 of 2011 (2) dt.09-09-2011
Taking into consideration the aforesaid submissions,
let the petitioner, namely, Prem Kumar Singh in the event of his
arrest or surrender before the court below within a period of four
weeks from the date of receipt/communication of the order be
released on bail on furnishing bail bonds of Rs.5,000/- (five
thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Bhojpur at
Ara, in connection with Azimabad P.S. Case No. 46 of 2009,
subject to the conditions as laid down under section 438(2) of the
Code of Criminal Procedure.
(Ashwani Kumar Singh, J)
Bhardwaj/-