After an agitated RJD chief lalu Prasad on Wednesday night alleged that Nitish Kumar was facing case under section 302 and 307 of the IPC and destined to be hanged, the JD(U) leaders on Thursday termed the allegation utterly baseless and Nitish was not accused in that 27 years old case.
Producing court papers, Rajiv Ranjan Singh lalan and RCP Singh said that Nitish was initially named in the case with Pandarak police station in Barh sub division of Patna on November 17, 1991, charge sheet was filed against three of the five accused persons on January 31, 1993 but the police found Nitish innocent. The court gave time to the informant to file his objection but he did not and the court on August 5, 2008 acquitted Nitish and took cognisance against three others.
One of the accused person Yogendra Yadav challenged the order of the court of Additional Chief Judicial Magistrate (ACJM) of Barh in the Patna High Court which stayed the proceedings in the case in the court of the ACJM on April 4, 2009. One Asho Singh, who was neither an informant nor witness filed a petition in the court of ACJM on January 20, 2009 raising objection over acquittal of Nitish and the ACJM on August 20, 2009 took cognizance and issued summons to Nitish.
Nitish challenged the order of the ACJM in the Patna high court and the court once again on September 8, 2009 ordered stay on the judicial proceeding in the court of the ACJM and also issued show cause notice to the magistrate for violation of the stay order of the high court. The reply of the ACJM was rejected the high court.
The single judge bench of the high court on October 28, 2009 presided by Justice Ajay Kumar Tripathi ordered, “let office issue notice to the ACJM , Barh, namely Ranjan Kumar Singh, asking him to show cause that under what circumstances he has violated the order of stay passed by this Court.”
The JD(U) leaders said that the matter was still pending before the high court.