Gonu Mandal @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69874 of 2022 Arising Out of PS. Case No.-73 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

GONU MANDAL @ DEEPAK KUMAR S/O LATE KISHAN MANDAL Resident of village- Lakshminiya Kadwa, P.S.- Dholbajja (Kadwa), DistrictBhagalpur. 2.

SUDHIR MANDAL @ SUDHIR KUMAR MANDAL S/O LATE KISHAN MANDAL Resident of village- Lakshminiya Kadwa, P.S.- Dholbajja (Kadwa), District- Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code. Prosecution case in brief is that on the alleged date of occurrence, the petitioners picked up quarrel with the husband of the informant for maize crop and later on they came and assaulted her husband as a result, he died in courtyard and his body was found hanged.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.69874 of 2022(2) dt.21-03-2023 2/2 that petitioners are innocent and have falsely been implicated in the case. There is no eye witness of the occurrence and only on suspicion petitioners have been made accused in this case. During the course of investigation it has come that the deceased died due to hanging.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that there is specific allegation against these petitioners that they assaulted the deceased as a result of which he died.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T