Sidheshwar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54874 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== 1.

Sidheshwar Chaudhary, Aged about 65 years, Male, Son of Late Parsadi Chaudhary, Resident of Village- Bare Bigha, P.S.- Sheikhopur Sarai, District- Sheikhpura.

2.

Ranjan Chaudhary @ Rajan Chaudhary, Aged about 34 years, Male, Son of Sidheshwar Chaudhary, Resident of Village- Bare Bigha, P.S.- Sheikhopur Sarai, District- Sheikhpura.

3.

Anil Chaudhary, Aged about 26 years, Male, Son of Sidheshwar Chaudhary Resident of Village Bare Bigha, P.S. Sheikhopur Sarai, District Sheikhpura. 4.

Shivnandan Chaudhary @ Shivanand Chaudhary @ Shivnandan Kumar, Aged about 26 years, Male, S/o Sidheshwar Chaudhary, Resident of VillageBare Bigha, P.S.- Sheikhopur Sarai, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-08-2019 Heard both sides.

Petitioners apprehend their arrest in Sheikhopur Sarai P.S. Case No.07 of 2019, registered under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code. The informant is the wife of the deceased. The informant disclosed that while she was going along with her husband and a minor child to appear at the examination, six accused persons named in the FIR stopped the motorcycle and they indiscriminately assaulted her husband with stick. Her

Patna High Court CR. MISC. No.54874 of 2019(2) dt.30-08-2019 2/2 husband fell down on the ground. Thereafter the accused persons fled away. The people took her husband to hospital but the doctor declared him brought dead.

Learned counsel for the petitioners submits that the petitioner no.4 is not named in the FIR. There is omnibus and general allegation against all the seven accused persons but it appears that the wife of the deceased named six persons and even the petitioner no.4 has been named subsequently by many of the witnesses and alleged that they all indiscriminately assaulted her husband with stick causing his death on the spot. Taking into consideration the facts that the petitioners and others are alleged to have indiscriminately assaulted the deceased with stick and lathi causing his death on the spot, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T