Sohan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43478 of 2014 Arising Out of PS.Case No. -305 Year- 2013 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sohan Kumar Son of Late Satya Narayan Sah

2. Mohan Kumar Son of Late Satya Narayan Sah Both residents of Naga Road, Raxaul, Ward No. 22, P.S. Raxaul, District - East Champaran .... .... Petitioners

Versus

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

For the Petitioners : Mr. Praveen Kumar, Advocate.

For the Opposite Party : Mr. Dasrath Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-05-2015 Heard both sides.

The petitioners apprehend their arrest in Raxaul P.S. Case No. 305 of 2013, registered for the offences punishable under Sections 326, 307 and other Sections of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was added. The informant made allegation against his own brothers, the petitioners that both of them caused burn injuries to his daughter Raushni Kumari aged about ten years. Raushni Kumari got severe injuries.

It is submitted that FIR was lodged after five days of the occurrence. The victim was admitted in Apolo Burn Hospital and at the top of the prescription the informant reported that on

Patna High Court Cr.Misc. No.43478 of 2014 (4) dt.20-05-2015 2/2 account of accident burn injury was caused. The prescription also shows that police was informed, but the police did not come, nor recorded the statement of the informant and a compromise is also arrived at between the informant and the petitioners. Taking into consideration the nature of allegation made against the petitioners that they caused severe burn injuries to the minor daughter of the informant who happens to be own brother of the petitioners, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected. However, the petitioners, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order and taking into consideration all the submissions made on behalf of the petitioners and dispose of the bail petition as soon as possible.

(Prabhat Kumar Jha, J.) KKSINHA/- U T