Sikander Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30255 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -ASHOK PAPER MILL District- DARBHANGA ======================================================

1. Sikander Das, son of Mangal Das

2. Chhathu Das, son of late Kailu Das .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Amrendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-07-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/148/341/323/302 of the Indian Penal Code. The prosecution case is that the son of the informant Deepak Kumar Choudhary went to village Sahora to bring medicine for the cattle in company of one Gavan Kumar Choudhary and Sushil Kumar Choudhary but at the village Mahanpur Tatmatoli, the petitioners and others assaulted the son of the informant. On information given by Gavan Kumar Choudhary and Sushil Kumar Choudhary the informant reached to the place of occurrence and brought his son initially to DMCH from where he was referred to PMCH but during

Patna High Court Cr.Misc. No.30255 of 2015 (2) dt.30-07-2015 2/2 treatment his son died.

It is submitted by learned counsel for the petitioners that from the FIR, it appears that the informant did not see the petitioners assaulting his son and only on hearsay statements of abovementioned two persons the petitioners have been roped in the present case. There is no motive apparent for making such assault. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Ashok Paper Mill P.S. Case No.14 of 2015, pending before the learned ACJM, Darbhanga.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T