Sanju Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.6660 of 2015 (3) dt.28-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6660 of 2015 Arising Out of PS.Case No. -393 Year- 2014 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Vijay Kishore Prasad @ Vijay Das Son of Barhu Das

2. Shakhichand Das Son of Late Fagu Das (Age -70 years Old retired Teacher) null

3. Santosh Das @ Sanatosh Das Son of Ajay Kishore Das All residents of Village - Ambedkar Nagar, Police Station - Jehanabad, District - Jehanabad .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.17137 of 2015 Arising Out of PS.Case No. -393 Year- 2014 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Sanju Devi wife of Vinod Kumar

2. Vivekanand Das son of Vinod Kumar Both residents of Village/Mohalla - Ambedkar Nagar, Police Station - Jehanabad, District - Jehanabad.

3. Pappu Das son of Gyan Das Resident of Mohalla - Prakhand Colony, Ghoshi, Police Station - Ghoshi, District - Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

(In Cr.Misc. No.6660 of 2015) For the Petitioner/s : Mr. Jharkhandi Upadhyay, Advocate For the Opposite Party/s : Mr. Ramesh Chandra (APP) (In Cr.Misc. No.17137 of 2015) For the Petitioner/s : Mr. Jharkhandi Upadhyay, Advocate For the Opposite Party/s : Mr. Asha Devi (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-04-2015 Cr.Misc.No. 6660/2015 wherein Vijay Kishore Prasad @ Vijay Das, Shakhichand Das and Santosh Das @ Sanatosh Das are the petitioners while in Cr.Misc.No. 17135/2015, Sanju Devi, Vivekanand Das and Pappu Das are the petitioners, commonly originate out of same PS. i.e. Jehanabad PS Case No. 393/2014, on account thereof, have been heard analogously and are being disposed of by a common order.

Patna High Court Cr.Misc. No.6660 of 2015 (3) dt.28-04-2015 Surendra Das, an injured had filed a written report on 18.09.2014 disclosing therein that in the preceding evening, his neighbour Vijay Das entered into a brawl with him joined by Shakhichand Das, Pappu and Sanju Dev who brick-batted as well as assaulted with rod over his head. Seeing this, his wife, Usha Devi and Bhabhu, Devanti Devi rushed in rescue, till then Vivekanand Das and Santosh Das joined with remaining accused who also assaulted them.

It is apparent from the case diary that only Surendra Das, informant has been examined by the doctor. It is also evident from the case diary that informant Surendra Das had sustained simple injury. It is also apparent that there happens to be omnibus allegation.

Accordingly, petitioners are directed to appear before the learned lower court with a prayer for bail within four weeks which the learned lower court will consider favourably in the light of above referred findings.

With the aforesaid observation, both these petitions are disposed of.

(Aditya Kumar Trivedi, J) perwez U T