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. Bhardwaj/- (Ashwani Kumar Singh, J)