Md. Sultan And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49223 of 2014 Arising Out of PS.Case No. -92 Year- 2014 Thana -NAUHATTA District- SAHARSA ======================================================
1. Md. Sultan Son of Late Nemul
2. Salman Son of Md. Sultan Both resident of village+P.S.-Nauhatta, District - Sahrsa.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Narendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2.
03-04-2015.
Heard both sides.
The petitioners apprehend their arrest in a case under sections 302/34 of the I.P.C The informant made allegation that his nephew Md. Zunaid Alam went to pacify the matter but in the meantime, Md.Yusuf, his son Md. Hakikat, Md. Sulltan (petitioner no.1) and his son Salman (petitioner no.2) began to assault him with sticks and iron rods and consequently, Md. Zunail Alam got injury and died.
It is submitted that the FIR was lodged after 9 days of the occurrence. There is no specific allegation of assault against the petitioners. No intention was on the part of the petitioners to kill Md. Zunaid Alam and co-accused persons have already been granted bail.
Considering the facts that there is allegation against the petitioners and others that they have assaulted the deceased, I am
Patna High Court Cr.Misc. No.49223 of 2014 (2) dt.03-04-2015 not inclined to enlarge the petitioners on anticipatory bail and accordingly, the same is rejected.
The petitioners are directed to surrender in the court below and the court below shall consider the prayer for regular bail of the petitioners taking into consideration that similarly situated co-accused against whom also there is allegation of assault, have already been enlarge on bail.
(Prabhat Kumar Jha, J) ahk/- U T