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Patna High CourtCR. MISC./26457/2019rejected

Sunil Paswan v. The State Of Bihar

2019-04-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26457 of 2019 Arising Out of PS. Case No.-131 Year-2018 Thana- JAMHOR District- Aurangabad ====================================================== 1.

Sunil Paswan Son of Shankar Paswan, Resident of Village - Karhara, P.S.- Jamhor, Distt.- Aurangabad.

2.

Sudhir Paswan Son of Shankar Paswan, Resident of Village - Karhara, P.S.- Jamhor, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-04-2019 Learned counsel for the petitioners filed vakalatnama. Let the same be kept on record.

Heard both sides.

The petitioners apprehend their arrest in Jamhor P.S. Case No.131 of 2018 registered under Section 302 and other sections of the Indian Penal Code.

The informant (son of the deceased) alleged that on 25.12.2018 at about 8:00 p.m. the petitioners and other accused persons entered into his house and assaulted Jyoti Devi with knife on her head. When the father of the informant came to save, all the accused persons assaulted him on his head and pressed his chest and abdomen causing death while he was

Patna High Court CR. MISC. No.26457 of 2019(2) dt.23-04-2019 2/2 being carried to hospital.

Learned counsel for the petitioners submits that there is omnibus and general allegation against the petitioners. Yogendra Paswan lodged a counter case but the learned counsel for the informant pointed out that all other accused persons are in jail. There is specific allegation against the petitioners that besides the assault made on the head of the deceased, they pressed his chest and abdomen of an old man causing his death. Having considered the facts aforesaid and the fact that the petitioners are alleged to have assaulted the deceased on his head and also pressed his chest and abdomen causing death, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

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