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Patna High CourtCR. MISC./41389/2016rejected

Ajit Singh And ORS v. The State Of Bihar

2016-11-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41389 of 2016 Arising Out of PS.Case No. -91 Year- 2015 Thana -MARKAHI District- KHAGARIA ======================================================

1. Ajit Singh S/o Jhapat Singh

2. Sujit Singh S/o Jhapat Singh

3. Bikash Singh S/o Chhatish Singh Resident of Village-Khairidih, P.S.- Morkahi, District-Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-11-2016 Heard both sides.

The petitioners apprehend their arrest in Morkahi P.S. Case No. 91/2015, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code. The informant alleged that the accused persons were waiting for the informant and his son and they started firing. The son of the informant fled away but he fell down on the ground. The petitioners Ajit Singh, Sujit Singh and Vikash Singh are alleged to have assaulted the son of the informant on his head and son of the informant died during course of treatment. Learned counsel for the petitioners submits that Ramanand Chaudhary filed Complaint Case No. 1264C/2015 with

Patna High Court Cr.Misc. No.41389 of 2016 (2) dt.18-11-2016 2/2 regard to the same occurrence.

It appears that Ramanand Chaudhary endorsed the statement of the informant being a witness of the fardbeyan. There is specific allegation against the petitioners that they assaulted the son of the informant who died during course of treatment. Considering the nature of allegation made against the petitioners, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi U