IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.42102 of 2010
1. Rahul Kumar
2. Neera Devi @Nirmala Devi
Versus
The State Of Bihar .
with
Cr.Misc. No.39719 of 2010
1. Tuna Singh
2. Bipin Singh @ Nakta
Versus
State Of Bihar .
with
Cr.Misc. No.16023 of 2011
Santa Singh @ Sant Kumar Singh .
Versus
The State Of Bihar .
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03. 13.07.2011 Heard learned counsel for the
petitioners and learned counsel for the
State.
Dead body of informant’s grand son
recovered rather brought by petitioners Bipin
Singh and his brother in-law Santa Singh @
Sant Kumar Singh. Some violence was noticed
and first information report was lodged with
assertion that four of the petitioners namely
Tuna Singh, Bipin Singh, Rahul Kumar and
Nirmala Devi took the boy one day earlier at
2
about 4.00 P.M., thereafter he disappeared
and only his dead body was found next day.
For petitioner Santa Singh @ Sant
Kumar Singh of Cr. Misc. No.16023 of 2011, it
is submitted that he is not named in the
first information report goes to show that
the mother of the deceased did not inform her
father regarding presence of petitioner Santa
Singh also though she in her statement
recorded under section 161 of the Cr. P. C.
is stating about presence of this petitioner
Santa Singh also.
Rest of the petitioners took the
deceased boy with them is doubted on the
ground that relation in between families of
the petitioners and informant was strained;
so there could be no occasion for taking the
boy, but dead body is brought by two of the
petitioners namely Bipin Singh and Santa
Singh, drowning is said reason behind the
death as stomach was containing water while
3
post mortem was conducted, but at the same
time bleeding from the mouth, bruise at ankle
and near eye is also detected. This much of
the circumstance goes against rest of the
petitioners.
Accordingly, bail petition of the
petitioners of Cr. Misc. No.42102 of 2010 and
Cr. Misc. No.39719 of 2010 is hereby
rejected.
So far as prayer of petitioner of
Cr. Misc. No.16023 of 2011 is concerned, he
is allowed regular bail.
Accordingly, let the petitioner
namely Santa Singh @ Sant Kumar Singh shall
be released on bail on furnishing bail bond
of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the
satisfaction of the Chief Judicial
Magistrate, Nawada in connection with
Kashichak P. S. Case No.30 of 2010.
Vikash (Mandhata Singh, J.)