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Patna High CourtCR. MISC./2464/2015dismissed

Md. Zahir And ORS. v. The State Of Bihar

2015-01-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2464 of 2015 Arising Out of PS.Case No. -118 Year- 2014 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Md. Zahir son of Late Sk. Gafur

2. Md. Shakil son of Md. Zahir

3. Chhedi son of Md. Zahir

4. Md. Qaiyum, son of late Sk Kalroo All are residents of Village- Gokhlapur, Police Station- Narpatganj, District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-01-2015 Heard both sides.

The petitioners apprehend their arrest in a case registered under Sections 302/34 of the Indian Penal Code. The informant named Md. Zahir, Md. Ziyaul, Chhedi, Shakil and Md. Zafrul and alleged that they made entry of their cattle inside the field of the informant and when the son of the informant asked the accused to take away their cattle from the field, all the accused persons assaulted the son of the informant and, subsequently, the son of the informant died in the hospital. Learned counsel for the petitioners submits that the doctor did not find any corresponding injury on the body of the deceased.

Patna High Court Cr.Misc. No.2464 of 2015 (2) dt.20-01-2015 2/2 It appears that there is a very specific allegation against the petitioners that they assaulted the son of the informant and some injuries were also found, but the doctor could not find the real cause of death.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail in Narpatganj P.S. Case No. 118 of 2014 and the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T