Chandan Kumar Sah @ Chandan Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14020 of 2018 Arising Out of PS.Case No. -921 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Chandan Kumar Sah @ Chandan Sah, S/o Sitaram Sah,

2. Ranjan Sah @ Ranjan Kumar Sah @ Ranjan Kumar S/o Sitaram Sah, Both R/o Village- Mirjan Hat, Ward no.9, P.S.- 9, P.S.- Forbesganj, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2018 The petitioners are apprehending their arrest in connection with Forbesganj P.S. Case No. 921 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354B, 379, 504, 506/34 of the Indian Penal Code, subsequently section 302 of the Indian Penal Code was added. Allegation against the petitioners of assaulting the cousin brother of the informant and when the informant protested they misbehaved and tried to infringe the modesty of the informant and further allegation that they assaulted the sister of informant on her head by means of dabiya, and when father of informant came to intervene, he was also assaulted by the petitioners on his head by means of iron rod, who later on succumbed to his injuries.

Patna High Court Cr.Misc. No.14020 of 2018 (3) dt.20-04-2018 2/2 It has been submitted on behalf of the petitioners that only general and omnibus allegation has been levelled against all the petitioners and no specific allegation has been levelled and post mortem report of the deceased shows only one injury on his person Learned counsel for the State opposed the prayer for bail on the ground that there is allegation against the petitioner of assaulting the informant and others and when her father came to save them, he was also assaulted by the petitioners, who later on died.

Having heard both sides, considering the facts and circumstances of the case and the nature of offence, I am not inclined to grant the privilege of anticipatory bail to the petitioners, this application is accordingly dismissed. However, the petitioner may surrender before the court below and pray for regular bail, which will be considered on the merit of the case.

(Vinod Kumar Sinha, J) sunil/- U T