Patna: Patna High Court on Monday ruled that the
stay would continue on criminal proceedings against Bihar
Chief Minister Nitish Kumar in a lower court in connection
with a 19-year-old murder case.
The court said the stay will remain till disposal of
Kumar`s petition seeking quashing of the proceedings against
him in connection with the murder of a Congress activist in
Justice Sima Ali Khan, while hearing Nitish Kumar`s
petition seeking quashing of the criminal proceedings
initiated against him in the subordinate court in Barh, asked
the Additional Chief Judicial Magistrate to continue the stay
on proceedings it had ordered on September 8, 2009.
The High Court had earlier asked for records of the
proceedings with respect to the FIR lodged by one Ashok Singh
with the Pandarak police station, charging Kumar and another
person with the killing of one Sitaram Singh. Based on the
complaint, the ACJM had summoned Kumar and one Dularchand
Yadav to appear before it on September 9.
Sitaram Singh was killed in a firing incident at a
polling booth at Barh during the Lok Sabha elections on
November 16, 1991.
ACJM (Barh) had in September last said a prima facie case
for offence under sections 147 (rioting), 148 (rioting armed
with deadly weapon), 149 (unlawful assembly), 302 (murder),
307 (attempt to murder) of IPC and 17 Arms Act was made out
against Kumar and Dularchand.
In the petition filed on January 20 before the Barh
court, Ashok Singh, a resident of Dhibar village, had charged
Kumar with firing from a gun leading to Sitaram`s death.
Sitaram and others had queued up before a polling
booth for casting their ballots for the 1991 Lok Sabha by-poll
in which Kumar was in fray on a ticket of the undivided
Janata Dal, Singh said in his petition.