Jyoti @ Jyoti Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17990 of 2016 Arising Out of PS.Case No. -392 Year- 2012 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Jyoti @ Jyoti Singh, S/o Late Bhuneshwar Singh, Resident of VillageMarwa P.S.- Bihpur (Jhandapur), District- Bhagalpur.

2. Tania Miya @ Sekh Taina Miya, S/o Sekh Kerely Village - Marwa P.S Bihpur (Jhandapur), District- Bhagalpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Singh For the Opposite Party/s : Mr. Sanjay Kr.Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2016 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Bihpur (Jhandapur) P.S. Case No. 392 of 2012 for the offences punishable under Sections 147, 148, 149, 323, 326, 307, 302, and 380 of the Indian Penal Code.

The Prosecution case is that the informant Deepak Kumar gave written application to the Bihpur Jhandapur S.H.O. alleging therein that on 05.11.2012 night and 06.11.2012 at about 1:45 A.M., the accused persons and their associate had entered into his house and had assaulted his wife by axe and further assaulted the father of the informant by iron rod with an intention to kill him and had also assaulted the informant by the fists and butt of pistol. It is further alleged that gold ornaments of thirty bhar and documents of land and cash about 1.5 lac were also taken by the accused persons from the father of the informant. The

Patna High Court Cr.Misc. No.17990 of 2016 (3) dt.10-05-2016 2/2 father of the informant had succumbed to the injuries and informant's wife had sustained grievous injuries and was taken to hospital for treatment.

It has been submitted by the learned counsel for the petitioners that petitioners are innocent and have committed no offence. He further submits that the injury and the postmortem report of the father of the informant is not attributable to them and there is long drawn land dispute between the petitioners side and the informant side.

However, the learned APP for the State submits that the petitioners have caused injury on the wife of the informant Babita Devi. The injury report is found to be grievous in nature and all injuries are dangerous to life, hence opposed the prayer for bail.

It has also been submitted that both the petitioners have criminal antecedent and the wife of the informant was brutally assaulted by these petitioners and under such circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail stands rejected.

(Nilu Agrawal, J.) Rajiv/- U T