IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4563 of 2011 KAMAL SINGH, SSON OF RAJ BALLAV SINGH, RESIDENT OF LOHIA NAGAR, P.S. SADAR, DISTRICT- BEGUSARAI. ….PETITIONER. Versus THE STATE OF BIHAR. ....OPPOSITE PARTY. ----------- 2. 22.02.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in relation to Begusarai Town P.S. Case No. 224 of 2010 instituted under Section 302/34 of the Indian Penal Code. It is alleged by the informant that her son was taken away by one Rajesh alias Goga and Gautam Kumar who came at her house. The informant went to search for him. Having heard the cry of her son, she rushed to the spot and found Rajesh Kumar alias Goga, his brother Kamal Singh, the petitioner and Gautam Kumar Singh running away from the spot where her son was lying on the ground with multiple injuries on his head. She states in the First Information Report that her son was taken to Begusarai hospital where he was declared dead by the Doctor. Learned senior counsel appearing for the petitioner submits that a reference to the post mortem report would show that the injuries to the chest and liver were such that 2 there was no possibility for the deceased to speak. He further stated that in the fardbeyan itself, the informant states that her son had been taken away by the persons to settle their own internal family disputes. Having considered the matter, in my view, there being direct allegation against the petitioner by the mother of the deceased having seen the three persons fleeing away from the spot, this is enough to reject this application. Let the trial be expedited. Devendra/ (Navaniti Prasad Singh, J.)