Patna High CourtCR. MISC./59858/2018rejected

Pankaj Nonia And ANR v. The State Of Bihar

2019-01-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59858 of 2018 Arising Out of PS. Case No.-91 Year-2018 Thana- CHAINPUR District- Bhabhua (Kaimur) ======================================================

1. Pankaj Nonia

2. Niraj Nonia, Both sons of Bhola Nonia, resident of Village Masoi, P.S. Chainpur District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

M/s.Tribhuwan Narayan & Mukul Kumari For the Opposite Party/s :

Mr. Sri Damodar Prasad Tiwary for the informant : Ms. Kiran Kumari Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2019 Heard both sides.

The petitioners apprehend their arrest in Chainpur P.S. case No. 51 of 2018 registered under Section 302, 307 and other minor Sections of the Indian Penal Code.

The son of the deceased named the petitioners and alleged that the accused persons were extracting toddy from the palm trees and when the father of the informant asked the accused persons that Circle Officer had arranged panchayati the accused persons, namely, Bhola Nonia, Osifar Nonia, Pankaj Nonia, petitioner No.1, Niraj Nonia, petitioner No.2, assaulted the father of informant with sickle. Bhola Nonia assaulted the informant with sickle on his head. The father of informant died on the spot.

Patna High Court Cr.Misc. No.59858 of 2018(5) dt.29-01-2019 2/2 The learned counsel for the petitioners submits that there is no specific allegation against the petitioners but from perusal of FIR, case diary and post mortem report, it appears that petitioners and two others are alleged to have assaulted the father of informant with sickle on his head and as many as five injuries on the head of father of informant caused by sharp cutting weapon such as sickle were found.

Considering the facts aforesaid and nature of allegation made against the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T