scrap shop of the petitioner for which the wife of the petitioner lodged Runnisaidpur P.S. Case No. 447 of 2013 levelling accusation under Sections 461 and 379 of the IPC when the son of the informant was caught at the spot then mob assaulted him, thereafter he was taken to Primary Health Centre, Runnisaidpur and from there he was referred to S.K.M.C.H., Muzaffapur, but on the way he died. The victim and his maternal uncle have criminal antecedent as Meenapur P.S. Case No. 276 of 2013 with accusation under Section 379/34 of the IPC was registered against them on 07.09.2013. The presence of the maternal uncle of the victim appears to be doubtful as there was nothing on the record to suggest that the victim called his maternal uncle through mobile and he is running from the scene suggests that Birendra Singh again reached to the occurrence and admittedly the informant is not the eye witness to the occurrence. The informant in her house which is 7 km. away from the place of occurrence, hence, Birendra Singh has been set up to be an eye witness to the occurrence.