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Patna High CourtCR. MISC./42570/2015rejected

Niranjan Kumar Mishra And ANR v. The State Of Bihar

2015-10-12Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42570 of 2015 Arising Out of PS.Case No. -77 Year- 2015 Thana -NAUHATTA District- SAHARSA ======================================================

1. Niranjan Kumar Mishra , S/o Shri Kaushal Mishra.

2. Bipin Mishra @ Bipin Kumar Mishra, S/o Shri Jata Shankar Mishra. Both Resident of Village- Dhanga, P.S. Nauhatta, District Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 12-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Nauhatta P.S. Case No.77 of 2015 registered under Sections 341, 323, 324, 307, 302 and 325/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Saharsa. The accusation is that the informant, Govind Kamat, and his wife, Musiya Devi, had gone to the house of the co-accused, Deepak Kumar Mishra, to do the work of labour and were beating mustered crop plant which was objected by Deepak Kumar Mishra. T hereafter, Deepak Kumar Mishra, started to assault him by lathi indiscriminately. When the wife of the informant tried to

Patna High Court Cr.Misc. No.42570 of 2015 (2) dt.12-10-2015 2/2 save him, Deepak Kumar Mishra started to assault his wife with axe and stick. In the meantime, both the petitioners reached there and started to assault the informant with fists and slaps. Later on, the wife of the informant died.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected. However, the petitioners are directed to surrender before the trial court within six weeks from today and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) P.S./- U T