Sadhu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10043 of 2020 Arising Out of PS. Case No.-84 Year-2019 Thana- KARPI District- Jehanabad ====================================================== 1.

SADHU BIND S/o Shiv Dutt Bind R/o village- Oranipar, P.S.- Karpi, District- Arwal 2.

Siya Ram Bind S/o Sudama Bind R/o village- Oranipar, P.S.- Karpi, DistrictArwal ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad For the Opposite Party/s :

Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302 & 436/34 of the Indian Penal Code.

Due to altercation between the children of the family of the informant and petitioner, when the informant's father, mother and brother's wife went there, the F.I.R. named accused persons gone there with lathi, khanti and Gadasa and assaulted the father, mother and brother's wife of the informant. After receiving information police reached there and took his father to Karpi hospital for treatment from where he was

Patna High Court CR. MISC. No.10043 of 2020(3) dt.24-06-2020 2/2 referred to Sadar Hospital Arawal and lastly he succumbed to his injury. They also put fire in the house of the informant. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The police has not found any burnt article at the place of occurrence. Petitioners have no criminal antecedent.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. However, the petitioners are directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/- U T