Patna High CourtCR. MISC./60070/2019rejected

Surendra Sahani v. The State Of Bihar

2019-10-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60070 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== 1.

SURENDRA SAHANI 2.

Ravindra Sahani Both Sons of Late Ramchandra Sahani Resident of Village - Akhityarpur, P.O. - Marwan, P.S.- Kajra, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-10-2019 Heard both sides.

The petitioners apprehend their arrest in Karja P.S. Case No.154 of 2019 registered under Section 307 and other Sections of the Indian Penal Code. Subsequently, Section 302 of I.P.C. was added after the death of son of the informant. The informant alleged that her son, Pankaj Kumar had gone to attend the marriage of daughter of late Rajendra Sahani. When her son did not return till late night, the informant went in search of her son and saw the petitioners and others indiscriminately assaulting her son but on alarm the petitioners and others fled away. The informant brought her son to the hospital and during the course of treatment, son of the informant

Patna High Court CR. MISC. No.60070 of 2019(2) dt.14-10-2019 2/2 died.

The learned counsel for the petitioners submits that F.I.R. was lodged after three days of the occurrence. There is no specific allegation of assault against the petitioners but it appears that the informant made allegation that the petitioners namely, Surendra Sahani and Ravindra Sahani and others were assaulting the son of the informant with sharp edge weapon. When the informant reached there, the accused persons fled away. There is specific allegation that all the four accused persons including these two petitioners assaulted the son of the informant with sharp edge weapon causing the death of the son of the informant.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T