Lal Mohammad Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48965 of 2015 Arising Out of PS.Case No. -149 Year- 2015 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Lal Mohammad Ansari Son of Late Ishaque Ansari,

2. Shabila Khatoon, Wife of Md. Hussain @ Md. Hussain Ansari,

3. Motijan Khatoon, wife of Lal Mohammad Ansari,

4. Tezamun Ansari @ Tejamun @ Tejamat, Son of Lal Mohammad Ansari,

5. Md. Hussain Ansari @ Md. Hussain, son of Late Mohammad Ansari, All Residents of Village - Budhmaha, Police Station - Chhauradano, District - East Champaran (Motihari).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-11-2015 Heard counsel for the petitioners and Mr. Ramchandra Singh APP for the State.

All the accused(s) named in the FIR lodged by the informant giving rise to Chhauradano P.S. Case No. 149 of 2015 registered under sections 302/34 IPC, have filed the present application seeking anticipatory bail. The informant is the daughter-in-law of petitioner no.1. While her husband was away in connection with a job, it is alleged that on some feud the petitioners assaulted the informant and her daughter. The assault on the daughter subsequently proved fatal.

Patna High Court Cr.Misc. No.48965 of 2015 (2) dt.03-11-2015 2/2 The contention of the petitioners is that on account of demand of money there was scuffle between the informant and the family members of the petitioners. The allegation that the petitioners assaulted the informant does not stand to reason. In fact the deceased died due to ailment she was suffering. The post mortem report does not reflect any external injury. Considering the allegations levelled in the FIR and the fact that the assault attributed to the petitioners resulted in the death of the daughter of the informant, I am not persuaded to extend them the privilege of anticipatory bail. Prayer is rejected. The petitioners should surrender and pray for regular bail in the court below.

(Kishore Kumar Mandal, J) HR/- U T