Bipin Kumar And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.54252 of 2016 (2) dt.21-12-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54252 of 2016 Arising Out of PS.Case No. -192 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ======================================================
1. Bipin Kumar,
2. Vikash Kumar @ Nepali, Both are sons of Chandrabhushan Sharma, resident of village - Laravwa, P.S. Makhdumpur, District - Jehanabad .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Makhdumpur P.S. Case No. 192 of 2016 registered under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Jehanabad.
The accusation is that both petitioners assaulted to Uma Shankar Sharma, father of the informant, through rod and lathi causing fracture injury.
Learned counsel for the petitioners submits that father of the informant died after 12 days of the occurrence and the cause
Patna High Court Cr.Misc. No.54252 of 2016 (2) dt.21-12-2016 of death of father of the informant is said to be cardiac failure and not the injuries caused by the petitioners.
Learned counsel for the informant submits that two injuries were found on the deceased, father of the informant, out of which, one was head injury and other was on elbow. Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trial court within six weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T