Shobha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30414 of 2020 Arising Out of PS. Case No.-115 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== 1.
SHOBHA DEVI, Wife of Sanjay Dhankar Resident of Village - Bishunpur Damar Bajar, P.S.- Ghorasahan (Jharokhar), District - East Champaran 2.
Sanjay Dhankar, Son of Laxmi Dhankar Resident of Village - Bishunpur Damar Bajar, P.S.- Ghorasahan (Jharokhar), District - East Champaran 3.
Vijay Dhankar @ Vijay Kumar, Son of Shanichar Dhankar @ Sakhichand Dhankar Resident of Village - Bishunpur Damar Bajar, P.S.- Ghorasahan (Jharokhar), District - East Champaran 4.
Guddu Dhankar, Son of Ramashish Dhankar Resident of Village - Bishunpur Damar Bajar, P.S.- Ghorasahan (Jharokhar), District - East Champaran 5.
Opin Dhankar @ Upendra Dhankar, Son of Raghuni Dhankar Resident of Village - Bishunpur Damar Bajar, P.S.- Ghorasahan (Jharokhar), District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-02-2021 Heard the learned counsel for the petitioners and the State.
The petitioners seek bail in anticipation of their arrest in connection with Ghorasahan (Jharokhar) P. S. Case No. 115 of 2020 dated 30.03.2020, instituted for the offences under Sections 302 and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.30414 of 2020(3) dt.12-02-2021 2/3 The deceased is said to have been assaulted by fists and slaps by 13 accused persons, including the petitioners.
It has been urged before this Court that the post-mortem report does not disclose any external injuries on the person of the deceased. Precisely for this reason, the cause of death could not be deciphered and the opinion regarding the same has been kept reserved till receipt of the Viscera report.
Apart from this, the learned counsel for the petitioners has submitted that the accusation is general and omnibus.
Considering the afore-stated facts, the provisional bail of the petitioners is confirmed. The petitioners shall remain on the same bail bonds.
The petitioners but are directed to participate in the investigation and their failure to do so would entitle the Investigating Officer of this case to seek cancellation
Patna High Court CR. MISC. No.30414 of 2020(3) dt.12-02-2021 3/3 of the anticipatory bail of the petitioners.
If such an application is filed and the court below comes to the conclusion that the petitioners are not participating in the investigation or are trying to tamper with the evidence, the court below shall proceed forthwith towards cancellation of the bail of the petitioners.
(Ashutosh Kumar, J) skm/- U T