Bijanti Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24948 of 2015 Arising Out of PS.Case No. -591 Year- 2014 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Bijanti Devi Wife of Upendra Mahto

2. Baby Devi wife of Santosh Kumar

3. Rajkumar @ Kallu Son of Upendra Mahto

4. Suraj Kumar Son of Upendra Mahto All resident of village - Chilangiya Chak, Police Station - Jehanabad, District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2015 Heard both sides.

The petitioners apprehend their arrest in a case under Section 302 and other sections of the Indian Penal Code. The petitioners are alleged to have assaulted the father of informant with fists and slaps and Santosh Kumar assaulted him with iron rod. The accused persons also assaulted the mother of informant. The father of informant is died and his mother is still under treatment.

The learned counsel for the petitioners submits that there is no specific allegation of assault against these petitioners. The deceased got one injury and two abrasions.

Patna High Court Cr.Misc. No.24948 of 2015 (2) dt.10-07-2015 2/2 It appears that the petitioners are alleged to have assaulted the father and mother of the informant of course there is specific allegation against Santosh Kumar that he assaulted with iron rod but at the same time the petitioners also assaulted the deceased.

Considering the facts aforesaid and the nature of allegations made against the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T