Laddu Sah And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3239 of 2016 Arising Out of PS.Case No. -203 Year- 2014 Thana -DIGHWARA District- SARAN ======================================================

1. Laddu Sah Son of Mahesh Sah,

2. Sunil Sah, S/o Ramesh Sah, Both resident of Village - Chakdhawa (Ismelia), P.S. - Dighwara, District - Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Binod Singh For the Opposite Party/s : Mr. Dr. Ajeet Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147,149,341,327,307,504,506 and 302 of the Indian Penal Code.

The prosecution case is that all the accused persons including the petitioners being agnates of the informant came to the door of the informant and started abusing her husband and on protest being made they assaulted the husband of the informant with fists and slaps and twisted the chest and abdomen of the husband

Patna High Court Cr.Misc. No.3239 of 2016 (2) dt.20-01-2016 2/3 of the informant who subsequently succumbed to the injury.

It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general and even assuming the accusation no offence under section 302 IPC is made out as the manner of assault is with fists and slaps hence the accused persons had no intention to kill the husband of the informant. In subsequent statement the informant suggested that it was co accused Nagmani who stood on the chest of the husband of the informant and twisted the chest and abdomen as a result the victim died and similarly situated co accused Ramesh Sah has been granted regular bail vide Cr. Misc. No. 31242 of 2015. It is further submitted that during trial, informant Malti Devi has not supported the accusation.

Considering the nature of accusation and co accused has been granted regular bail, it is a case for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Dighwara PS Case No. 203 of 2014 pending in the court of

Patna High Court Cr.Misc. No.3239 of 2016 (2) dt.20-01-2016 3/3 learned JM Ist Class, Saran at Chapra.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T