Patna High CourtCR. MISC./10847/2016rejected

Jamila Devi And ANR. v. The State Of Bihar

2016-07-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10847 of 2016 Arising Out of PS.Case No. -98 Year- 2015 Thana -AMARPUR District- BANKA ======================================================

1. Jamila Devi W/o- Hira Lal Thakur, resident of village- Dumrama, P.s.- Amarpur, District- Banka

2. Chanda Devi, W/o Amit Thakur, resident of village- Dumrama, P.s.- Amarpur, District- Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Adv. For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-07-2016 Heard both sides.

The petitioners apprehend their arrest in Amarpur P.S. Case No. 98/2015, registered for the offences punishable under Section 302, 307 and other sections of the Indian Penal Code. The informant Bablu Thakur alleged that some altercation took place due to flowing of hand pump water on the passage, on such petitioners and other accused persons assaulted his son Ramesh Thakur and his son fell down. Hira Lal Thakur also assaulted the informant with pharsa on his head which hit on his hand. Amit Thakur assaulted the informant with knife on his head and also assaulted his wife.

Learned counsel for the petitioners submits that there is

Patna High Court Cr.Misc. No.10847 of 2016 (5) dt.28-07-2016 2/2 no specific allegation of assault against the petitioners. From perusal of post-mortem report, it would appear that only, injury on head was found to be grievous on account of which Ramesh Thakur died. The petitioners were not armed with any weapon. Petitioners are ladies.

It appears that informant made allegation that petitioners and others firstly assaulted Ramesh Thakur (deceased) and when he fell down Hira Lal Thakur assaulted with pharsa on the head of the informant. Ramesh Thakur died due to head injury which is grievous in nature. The informant also got injuries on account of assault made by Hira Lal Thakur and Amit Thakur. Considering the facts aforesaid, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T