Lal Babu Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4719 of 2015 Arising Out of PS.Case No. -218 Year- 2014 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Lal Babu Rai

2. Pramod Rai Both sons of Tej Narain Rai All residents of village Kadamawa, p.s. Ghorasahan, district East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar For the Opposite Party/s : Mr. Arvind Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-04-2015 Heard learned counsel for the petitioners as well as leaned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Ghorasahan P.S. Case No. 218 of 2014 registered under Sections302/34 of the Indian Penal Code. Petitioners are named in the first information report with specific allegation that they assaulted and pressed the neck of the deceased.

The contention on behalf of the petitioners is that the postmortem report and the inquest request of the deceased do not support the manner of occurrence because in postmortem report, some undigested foods were found and the aforesaid finding in

Patna High Court Cr.Misc. No.4719 of 2015 (3) dt.28-04-2015 postmortem report, completely belies the time of occurrence. Regard being had to the facts and circumstances of the case as well as submissions of the parties, I do not feel it proper to extend the privilege of anticipatory bail to the petitioners and, accordingly, their prayer for anticipatory bail in connection with Ghorasahan P.S. Case No. 218 of 2014 pending in the court pending in the court of learned Judicial Magistrate, Sikrahana at Motihari stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T