Dharmendra Paswan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74093 of 2018 Arising Out of PS. Case No.-343 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Dharmendra Paswan, Son of Sukhdev Paswan, 2.

Rajendra Paswan, Son of Late Ram Gulam Paswan, Both residents of Village- Luguniya Suryakanth, Police Station- Mufassil, District- Samastipur.

... ... Petitioners

Versus

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

For the Petitioners :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party:

Mr.Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 302/34 of the Indian Penal Code registered in connection with Muffasil P.S. Case No. 343 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the accusations of choking the deceased by pressing his neck with their feet are general and omnibus in nature. It is submitted that when time of death stated to be within 36 hours casts doubts upon time of occurrence as the post mortem has been conducted within six hours from the time of occurrence.

4. Having regard to the nature of accusations, gravity of offence alleged and the post mortem report which corroborates the accusation of choking the deceased by pressing his neck with feet of the petitioners as the cause of death is asphyxia and there is abrasion mark on the neck of the deceased, this Court is not inclined to grant

Patna High Court CR. MISC. No.74093 of 2018(3) dt.07-03-2019 2/2 anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

BT/- (Vikash Jain, J) U T