Anil Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10372 of 2019 Arising Out of PS. Case No.-310 Year-2018 Thana- GHOSI District- Jehanabad ====================================================== 1.

Anil Das, Son of Chandra Deo Mochi, R/o village- Chiri, P.S- Ghoshi, District- Jehanabd 2.

Pramdhan Das, son of Lal Das R/o village- Chiri, P.S- Ghoshi, DistrictJehanabd ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiva Ranjan, Advocate.

For the Opposite Party/s :

Mr.Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Ghoshi P.S. Case No. 310 of 2018, registered under Sections 341, 323, 325, 324, 326, 379, 307, 504 and 354/34 of the Indian Penal Code and later on, Section 302 of the Indian Penal Code has been added, pending in the court of Chief Judicial Magistrate, Jehanabad.

The accusation is that in the morning of 12.08.2018, petitioners along with Upendra Das and Ashok Das, in drunken state, made attempt to caught hold the hands of informant, Sabuja Devi, who was coming to her house, and snatched her

Patna High Court CR. MISC. No.10372 of 2019(3) dt.10-05-2019 2/3 Mangal Sutra and started to abuse. At that time, when her husband, Yogendra Manjhi, came there and made protest then Upendra Das caused injury to her husband through Farsa and rest accused persons assaulted her husband through lathi. Learned counsel for the petitioners submits that there is specific allegation against co-accused, Upendra Das, to cause Farsa blow at the head of Yogendra Manjhi, husband of the informant, who died later on after eight days in course of treatment, while the general and omnibus allegation against the petitioners to caused injury to the husband of the informant through lathi. It is further submitted that, in fact, occurrence took place in between deceased Yogendra Manjhi, Sambhu Manjhi and co-accused Upendra Das, in which, Upendra Das sustained grievous injury and admitted to the hospital but with ulterior motive, petitioners have falsely been implicated in this case.

On the other hand, learned A.P.P. appearing for the State opposed the prayer for bail and submits that four external grievous injuries were found on the person of the husband of the informant.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am

Patna High Court CR. MISC. No.10372 of 2019(3) dt.10-05-2019 3/3 not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T