Kamali Kumari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6284 of 2015 Arising Out of PS.Case No. -183 Year- 2014 Thana -BHORE District- GOPALGANJ ======================================================
1. Kamali Kumari, Daughter of Late Sudama Singh,
2. Sukwariya Kuwar, Wife of Late Sudama Singh, Both Resident of Village - Khedwapur, P.S. - Bhorey, District - Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Ram Bachan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-05-2015 Heard both sides.
The petitioners, two in number, apprehend their arrest in a case under Section 302 and other sections of the Indian Penal Code.
Seven persons are named in the F.I.R. and they are alleged to have assaulted the daughter of the informant. She died during the course of treatment. Son and daughter of the deceased were the eye witness of the occurrence. There is omnibus and general allegation against the petitioner. The deceased died due to injury found on her head but it has not been disclosed as to who is the author of that injury.
On the other hand, it is submitted that son and daughter of the deceased made their statements in Paras 15 and 16 of the case diary and they have very categorically stated that both
Patna High Court Cr.Misc. No.6284 of 2015 (3) dt.21-05-2015 2/2 the petitioners brutally assaulted the deceased Dharmawati Devi, who died during the course of treatment. Prayer for regular bail of Dewanti Devi has already been rejected by this Court. Considering the fact that there is a very specific allegation against the petitioners that they along with other accused persons brutally assaulted the deceased, I am not inclined to enlarge the petitioners on anticipatory bail in Bhorey P.S. Case No.
183/2014, corresponding to G.R.
No.
3196/2014.
Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) Dilip/- U T