Chhotu Ray And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7301 of 2019 Arising Out of PS. Case No.-384 Year-2018 Thana- KADWA District- Katihar ====================================================== 1.
CHHOTU RAY, Son of Late Karmu Ray @ Karmu Rai, Resident of Village - Bhagaon, P.S. - Kadwa, District- Katihar.
2.
Kishan Ray, Son of Late Karmu Ray @ Karmu Rai, Resident of Village - Bhagaon, P.S. - Kadwa, District- Katihar.
... ... Petitioners
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajendra Prasad Sah For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2019 Petitioners seek bail in anticipation of their arrest in connection with Kadwa P.S. Case No. 384 of 2018, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
Allegation against the petitioners is of assault to the deceased and on the intervention of the villagers the matter was pacified. Further allegation is that on the next day the deceased was taken to the orchard where the petitioners and orders assaulted him and later on his condition was serious and taken to hospital but in way he died.
Submission of learned counsel for the petitioner is that the allegation is false and concocted and post mortem does
Patna High Court CR. MISC. No.7301 of 2019(3) dt.04-04-2019 2/2 not show any external injury on the person of the deceased. Further submission is that the witnesses have not supported the allegation.
Heard learned APP also, who has opposed the prayer for anticipatory bail on the ground that death of deceased was due to internal injuries.
Having heard both sides and in the facts and circumstances, let petitioners, above named, surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order. With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T