Babu Lal Bind And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34136 of 2015 Arising Out of PS.Case No. -44 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Babu Lal Bind
2. Bharat Bind both sons of Ram Naresh Bind all resident of village - Baluan, P.S. Sonhan, District - Kaimur at Bhabua .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the Opposite Party/s : Mr. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2015 Heard both sides.
The petitioners apprehend their arrest in Bhabhua (Sonhan) P.S. Case No. 44/2015, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.
The son of the deceased named the petitioners and others and alleged that on some trifling matter both the petitioners along with other accused persons assaulted his father with fists and slaps and stood up on his chest and assaulted on nose and other parts of the body.
Learned counsel for the petitioners submits that the brothers of the informant and another did not support the facts that
Patna High Court Cr.Misc. No.34136 of 2015 (3) dt.15-10-2015 2/2 the petitioners also assaulted the father of the informant. The police after investigation submitted final form finding the case false against the petitioners.
From perusal of the FIR itself, it appears that the informant is an eye-witness of the occurrence and he stated that the petitioners and others assaulted his father with fists and slaps and stood up on the chest. The father of the informant died on the spot.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.
After dictating the order, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail. Accordingly, the anticipatory bail of the petitioners is dismissed. (Prabhat Kumar Jha, J.) Rakhi U T