Patna High Court - Orders
Bittu Singh @ Bittu Kumar & Ors vs The State Of Bihar on 25 July, 2016
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 22453 of 2016
Arising out of P.S. Case No. -110 Year- 2015 Thana -MATIHANI
District- BEGUSARAI
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1. Bittu Singh @ Bittu Kumar S/o Ramchandra Singh
2. Sri Ram Singh S/o Gulli Singh.
3. Agam Singh @ Agam Kumar, S/o Ramchandra Pd. Singh
4. Mohit Kumar S/o Arun Singh, All are resident of village-
Ramdiri (Ward No. 2), P.S.- Matihani, District- Begusarai
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Singh, Adv.
For the Opposite Party/s: Mr. Ram Anurag Singh (APP)
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
04. 25.07.2016Heard both sides.
The Petitioners apprehends their arrest in Matihani P.S. Case No. 110 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act pending before the Judicial Magistrate, 1st Class, Begusarai.
The Informant, father of Sharvan Kumar (deceased) alleged that the petitioners and other accused persons surrounded his son and Kanhaiya Kumar and brutally assaulted them. Sharvan Kumar died on the spot. On an alarm, the Informant and others went there but there was a firing in which Ranjeet Singh @ Dhongal Singh received fire arm injury and thereafter he was taken to the hospital for treatment.
Learned counsel for the petitioners submits that Ranjeet Singh @ Dhongal Singh registered Matihani P.S. Case No. 111 of 2015 and it is alleged that Sharvan Kumar and Kanhaiya were Patna High Court Cr.Misc. No.22453 of 2016 (4) dt.25-07-2016 2 armed, the villagers surrounded and assaulted them. Sharvan Kumar fired which hit in the arm of Ranjeet Singh.
In para 59 of the case diary, Ram Binay Prasad Singh has stated that both Kanhaiya and Sharvan Kumar had eve-teased the school girl that is why the villagers assaulted them. Ranjeet Singh also disclosed that Sharvan Kumar and Kanhaiya were armed with weapons. The father and grand-father of Kanhaiya has stated that he was killed by the villagers because Kanhaiya had fallen in bad company. Many other witnesses have very categorically stated that the petitioners and others brutally assaulted Sharvan Kumar and Kanhaiya with lathi, danda and rod. Sharvan Kumar died on the spot and Kanhaiya was brought to the hospital but he died during the course of treatment. The Investigating Officer has not taken the statement of any girl who is alleged to have been eve-teased by the deceased. The petitioners and others are alleged to have assaulted Sharwan and Kanhaiya and both died.
Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. The prayer for anticipatory bail is rejected.
(Prabhat Kumar Jha, J.) Vikash/-
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