Rasuldeo Rishideo And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52219 of 2016 Arising Out of PS.Case No. -222 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================
1. Rasuldeo Rishideo, Son of Bindeshwari Rishideo
2. Chhutahru Rishideo, Son of Bindeshwari Rishideo
3. Vibhishan Rishideo, Son of Chhedi Rishideo
4. Mohril Rishideo, Son of Vibhishan Rishideo
5. Bhupiya Devi, Wife of Baleshwar Rishideo All are Resident of Village- Gamharia, P.S. Bharrahi Out Post- DistrictMadhepura. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 427 and 302 of the Indian Penal Code. There is general and omnibus allegation of commission of assault by the petitioners and others as a result whereof the victim died.
Submission of the petitioners is that there is no allegation against the petitioners of commission of assault at the chest or stomach though there is allegation against the petitioners
Patna High Court Cr.Misc. No.52219 of 2016 (3) dt.20-04-2017 of commission of injury. However, the postmortem report would reveal that the doctor has found injuries as alleged. Considering the nature of allegation, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, their prayer for anticipatory bail in connection with Madhepura (Bharrahi) P.S.
Case No.222 of (G.R.No.649/2016) pending in the court of learned Chief Judicial Magistrate, Madhepura is refused.
However, prayer for regular bail of the petitioners shall be considered on its own merits without being prejudiced by the present order.
(Birendra Kumar, J) Arvind/- U T