Harendra Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20872 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -SANDESH District- BHOJPUR ======================================================

1. Harendra Singh

2. Kameshwar Singh Son of Lt. Ramjee Singh, resident of villageDharmpur, P.S. Sandesh, Dist. Bhojpur .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sada Nand Roy, Advocate.

For the Opposite Party : Mr. Awadhesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2016 Heard both sides.

The petitioners apprehend their arrest in Sandesh P.S. Case No. 47 of 2016 registered for the offences punishable under Sections 302, 379, 427 and 34 of the Indian Penal Code. The informant alleged that the petitioners and others assaulted him when his wife came to rescue the petitioners also assaulted her.

It is submitted that the deceased did not get any apparent injury on any part of her body. The doctor has opined that on account of cerebral haemorrhage and distress respiratory problem the deceased died. There is no specific allegation of assault against the petitioners.

From perusal of the case diary, it appears that the

Patna High Court Cr.Misc. No.20872 of 2016 (3) dt.19-07-2016 2/2 witnesses have stated that both the petitioners violently pushed Urmila Devi and consequently she fell down on the ground got injury and died. The victim was an old lady aged about 60 years and there is specific allegation that the petitioners violently pushed her causing her fall in which she got injury on her head and died due to haemorrhage.

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.) KKSINHA/- U T