Bikash Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.756 of 2017 Arising Out of PS.Case No. -255 Year- 2015 Thana -AKBARPUR District- NAWADA ======================================================

1. Bikash Kumar, Son of Chhote Lal Singh.

2. Deepak Singh @ Deepak Kumar, Son of Ram Bhajju Singh. Both Resident of Village- Gangta, P.S.- Akbarpur, District- Nawada. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-02-2017 Heard leaned counsel for the petitioners and the leaned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Akbarpur P.S. Case No. 255 of 2015, registered under Section 302/34 of the Indian Penal Code, pending in the court of the ACJM-1, Nawada.

The allegation of informant Ranju Devi is that in the evening of 07.11.2015, she along with her husband were irrigating the field. At that time, she saw that one Karu Singh cut the pipe and went to his house. Thereafter, informant and her husband made complaint to Karu Singh that why he had cut the pipe on which five persons named in the F.I.R., including the petitioners, caused assault to her husband on the order of Rambhaju Singh. When Ranjeet Singh, brother-in-law of the

Patna High Court Cr.Misc. No.756 of 2017 (3) dt.03-02-2017 2/2 informant, rushed to save her husband then he was also assaulted by them. Thereafter, husband of the informant rushed to Nawada Hospital from where he was brought to Paras Hospital, Patna and then he was referred to PMCH, Patna and during the course of treatment, he died on 18.11.2015.

Learned counsel for the petitioners submits that there is general and omnibus allegation against the petitioners and others to cause injury to the informant. Moreover, four injuries were found caused by hard and blunt substance. Further submission is that, in fact, deceased husband of the informant fell down on the ground due to that reason he sustained injuries and died in course of treatment.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks 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) manish/- U T