Jagat Narayan Singh vs State Of Bihar on 20 October, 2008

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Patna High Court - Orders

Jagat Narayan Singh vs State Of Bihar on 20 October, 2008

Bench: Dharnidhar Jha

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.29225 of 2008
                         JAGAT NARAYAN SINGH ... ...   Petitioner
                                        Versus
                          The STATE OF BIHAR ... ... Opp. Party
                          For the petitioner: Shri Kumar Sunil
                          For the State: Shri Dashrath Mehta, A.P.P.
                                      With

                             Cr.Misc.  No.29723 of 2008
                           RAJESH SAH  ...    ...     Petitioner
                                         Versus
                            THE STATE OF BIHAR ...   ... Opp. Party
                           For the petitioner: Shri Tribhuwan Nr.

                           For the State: Shri Dashrath Mehta, APP
                                    - - - -

4.   20.10.2008

The two petitions, one on behalf of Jagat Narayan Singh and other on behalf of Rajesh Sah, are in connection with Durgawati P.S.Case No. 54 of 2005. I had earlier heard the sides in detail and on being informed that one of the main accused, namely, Subhash Sah, as appears from paragraph 112 of the case diary, has been admitted to bail, I detained passing of the order only for having a glance of the order passed in Cr. Misc. No. 54776 of 2006 preferred by above noted Subhash Sah. On perusal of the order passed in that petition dated 4.12.2007, it is clear that he was granted anticipatory bail till the submission of the chargesheet and the Court is informed that Subhash Sah surrendered in the court and 2 he is in custody after submission of the chargesheet.

           The       case       relates    to    finding    of    an

unidentified          dead       body     by    a   Chaukidar     and

making       a       report        in      that        behalf.    The

investigation started on that report and that in most of the parts of the investigation the police did not find any clue, inasmuch as no witness was coming out to tell the truth. The daughter of the deceased aged 12 years was examined in paragraph 112 of the Case diary on 11.9.2005 and she came out cleanly as to what could be the realities about her father, the deceased. She stated that the two petitioners came to her house and took away her father on one pretext or other and subsequently the man was found killed. She has stated in most certain terms that her mother was carrying on an illicit relationship with accused Subhash Sah which was being obstructed by her father, that is, the husband of the lady, and on that all the accused conspired to eliminate the man. The little girl has stated that her mother used to take her in a corner of the house and threatened her of meeting the same 3 consequence as did her father if she could have ever opened her mouth. If one could go through paragraph 112 of the case diary one could really find as to what was the plight of the child, considering which, I am not inclined to admit the petitioners to bail and specially in view of the fact that Subhash Sah is also in custody.

The two petitions are dismissed.

( Dharnidhar Jha, J.) Kanth

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Patna High Court - Orders