Shobha Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.6734 of 2016 (3) dt.08-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6734 of 2016 Arising Out of PS.Case No. -81 Year- 2015 Thana -SAHODARA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Shobha Devi wife of late Arbind Panjiyar

2. Vishwa Pratap Panjiyar son of late Arbind Panjiyar Both are residents of village - Dewad, Police Station - Sahodra, District - West Champaran..... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioners and learned APP for the Sate.

The petitioners seek bail in connection with Sahodara P.S. Case No. 81 of 2015 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Allegedly, the petitioners were quarreling with Ramchandra Panjiyar, the husband of the informant, and further both assaulted him, resulting the husband of the informant was going to Police Station but in the way the petitioners again surrounded him, started assaulting him and further after wrapping scarp in his neck started pulling him, resulting, he became unconscious and when Police came the informant was brought for treatment by the Police where he was declared dead. Submission is of false implication and that there was no

Patna High Court Cr.Misc. No.6734 of 2016 (3) dt.08-04-2016 intention to commit murder, no weapon was used in committing the murder, the petitioner no. 1 is lady and petitioner no. 2 is her son and as such they deserve sympathetic consideration to which learned APP seriously opposes by submitting that the doctor has also found the cause of death to be asphyxia and injuries were also found on the person of the deceased.

In the facts and circumstances stated above, considering the allegation attributed against the petitioners serious in nature, at this stage, this Court is not inclined to enlarge the petitioners on bail, accordingly, such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T