Chand Mohammad @ Chand Mohammad Miyan And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.2427 of 2017 (2) dt.28-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2427 of 2017 Arising Out of PS.Case No. -44 Year- 2016 Thana -TARAIYA District- SARAN ======================================================

1. CHAND MOHAMMAD @ CHAND MOHAMMAD MIYAN, SON OF DILAYAN MIAN

2. MUNNA MIYAN, SON OF CHAND MOHAMMAD, BOTH RESIDENT OF VILLAGEPOKHARERAH, P.S. TARAIYA, DISTRICTSARAN .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Kumar Sinha For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Taraiya P.S. Case No. 44 of 2016, registered under Sections 307, 326, 323 and 341/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Chapra.

The accusation is that in the morning of 28.02.2019, petitioner along with Laila Khtoon and Monir Mian came at the door of the informant and started to abuse. On protest, petitioner along with others named in the F.I.R. started to cause assault to the informant. When Shabnam Kumari rushed to save the informant

Patna High Court Cr.Misc. No.2427 of 2017 (2) dt.28-02-2017 then she was also assaulted by them. In the meantime, Rajendra Mahto and Mahesh Mahto came there and started to assault to the informant through fist and slaps. At that time, they sprinkled kerosene oil on the body of the informant and set fire, in which, she sustained burn injury. Informant, later on died, in course of treatment, after 2-3 days of the occurrence.

Learned counsel for the petitioner submits while petitioner is named in the F.I.R. but no specific overt act has been attributed against him.

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. (Rajendra Kumar Mishra, J) Bhardwaj/- U T