Bunde Lal Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20302 of 2020 Arising Out of PS. Case No.-517 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Gorakhnath Das @ Mundra S/o Bhund Das, R/o village- Tadawan, P.S.- Naubatpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20605 of 2020 Arising Out of PS. Case No.-517 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== 1.
Bunde Lal Das Son of Bhund Das, Resident of Village - Tadawan, P.S.- Naubatpur, District - Patna.
2.
Rajesh Das @ Bengchi Son of Bhund Das, Resident of Village - Tadawan, P.S.- Naubatpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 20302 of 2020) For the Petitioner/s :
Mr. Nagmani Kumar For the Opposite Party/s :
Mr. Binod Kumar No. 3 (In CRIMINAL MISCELLANEOUS No. 20605 of 2020) For the Petitioner/s :
Mr. Nagmani Kumar For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-01-2021 Heard Mr. D. K. Sinha, Senior counsel assisted by Mr. Nagmani Kumar appearing on behalf of the petitioners and Mr. Binod Kumar No. 3 as well as Mr. Mritunjay Kumar Nirala, learned counsel for the State.
In this case, the petitioners are seeking anticipatory
Patna High Court CR. MISC. No.20302 of 2020(6) dt.18-01-2021 2/3 bail in connection with Naubatpur P.S. Case No. 517 of 2018 registered for offence punishable under sections 448, 341, 323, 326, 302, 337, 338/34 of the Indian Penal Code. It has been alleged that Ramjivan Das son of the present petitioner used to come in his house in a drunken condition and teased the female members of locality which was objected by the husband of the informant on many times. When he did not amend his activity, the husband of the informant complained to the police station and Sarpanch of the village whereupon Ramjivan Das and co-accused persons came, at the house of the informant and started abusing. When the husband of the informant raised objection, the present petitioner and his son Ramjivan Das started assaulting to him.
When the bhaisur of the informant came to rescue his brother, he was also assaulted and his right hand was fractured. The husband of the informant was also assaulted by the accused persons and thereafter, the victim died in the hospital during treatment. The case diary was called for and on perusal of the same this Court finds in the different paragraphs of the case diary that the witnesses have supported the incident and made allegation against the petitioners to have actively participated in the aforesaid incident.
Patna High Court CR. MISC. No.20302 of 2020(6) dt.18-01-2021 3/3 Looking to the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioners and accordingly their prayer for anticipatory bail is rejected. However, if the petitioners surrender before the court below, the court below without being prejudiced by this order will take decision in accordance with law.
(Shivaji Pandey, J) Mahesh/- U T