Bhajjan Sahni @ Bhajan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27969 of 2019 Arising Out of PS. Case No.-36 Year-2018 Thana- CHACKMENSI District- Samastipur ====================================================== 1.

BHAJJAN SAHNI @ BHAJAN SAHANI S/o- Ram Pukar Sahani 2.

Ram Kishun Sahani @ Ram Kishun Sahni S/O- Ram Pukar Sahani 3.

Kiran Devi W/o- Sajan Sahani, All are R/V- Gangaparan, P.S.- Chakmahesi, Dist.- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-04-2019 Heard both sides.

The petitioners apprehend their arrest in Chakmahesi P.S. Case No.36 of 2018 registered under Sections 302, 307 and other Sections of the Indian Penal Code.

The informant named 17 persons including the petitioners and alleged that they have been armed with different weapons came to the darwaza of the informant. They began to abuse and assault the informant and her husband. The informant and her husband got injuries on different parts of their body including head. When her mother-in-law and daughter came to save, the accused persons assaulted them and they got injuries on their head. The injured were sent to D.M.C.H. for treatment

Patna High Court CR. MISC. No.27969 of 2019(2) dt.30-04-2019 2/2 but daughter of the informant was referred to P.M.C.H. but she died on way to P.M.C.H.

The learned counsel for the petitioners submits that petitioners are named in the F.I.R. but no specific allegation of assault is made against the petitioners. The daughter of the informant was sitting where the bricks was stacked and the same fell on the body of the daughter of the informant in which the daughter of the informant got injuries but it appears that the petitioners and other accused persons are alleged to have indiscriminately assaulted the informant and her husband, mother-in-law and daughter. They all got injuries all over their body and daughter of the informant succumbed to the injuries. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T