Jogi Das @ Jiginder Das And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31872 of 2017 Arising Out of PS.Case No. -160 Year- 2014 Thana -PARWATTA District- KHAGARIA ======================================================
1. Jogi Das @ Jiginder Das S/o Lelhu Das
2. Puja Devi D/o Jogi Das Both Resident of Rupouhli Indra Nagar, P.S. Parbatta, Distt. Khagaria.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Choudhary For the Opposite Party/s : Mr Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-08-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the state.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Parbatta P.S. Case No. 160 of 2014 for the offences punishable under sections 448, 341, 323, 325, 307/34 and 302 of the I.P.C.
Allegedly, the petitioners and co-accused Mala Devi dragged the husband of the informant from his house and started assaulting him with lathi and danda on his head resulting husband of the informant became unconscious and during treatment he died.
Submission is of false implication and that there is no
Patna High Court Cr.Misc. No.31872 of 2017 (3) dt.21-08-2017 2/2 specific allegation against the petitioners, the allegations are omnibus and general in nature, co-accused Mala Devi has been allowed regular bail by the learned court below itself and as such the petitioners deserve sympathetic consideration. The learned A.P.P. seriously opposes the prayer for pre-arrest bail of the petitioners by submitting that with common intention the petitioners and co-accused Mala Devi assaulted the deceased brutally.
In the facts and circumstances stated above, considering the allegation attributed against the petitioners, I am not inclined to grant privilege of pre-arrest bail to them and accordingly their such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. Khagaria. (Jitendra Mohan Sharma, J) Abhay/- U T