Aman Kumar @ Aman Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74523 of 2025 Arising Out of PS. Case No.-96 Year-2025 Thana- PURAINI District- Madhepura ====================================================== 1.

Aman Kumar @ Aman Kumar Mandal S/O Rajeshwar Kumar Mandal @ Rajeshwar Prasad R/O Village- Aurai, Ward No. 8, P.S- Puraini, Distt.- Madhepura.

2.

Akhilesh Kumar @ Akhilesh Kumar Mandal S/O Rajeshwar Kumar Mandal @ Rajeshwar Prasad Mandal R/O Village- Aurai, Ward No. 8, P.S- Puraini, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur :

Ms.Vaishnavi Singh :

Mr.Ritwik Thakur For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 103(1), 3(5) and 303(2) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the FIR, on 03.06.2025 at about 8:00 A.M., the informant along with his old aged mother, Madhavi Sinha, went to their old house where they saw a heap of garbage. When his mother objected to it, the accused persons who are agnates began to quarrel with them. During the altercation, Akhilesh Kumar Mandal allegedly pushed the informant's mother to the

Patna High Court CR. MISC. No.74523 of 2025(2) dt.10-11-2025 2/3 ground, and Aman Kumar Mandal climbed onto her chest and assaulted her as a result of which she became unconscious. Further, Birana Kumari pushed the informant also, as a result whereof he fell down and Akhilesh Kumar Mandal took Rs. 3,000/- from his pocket. The informant, with the help of local people, took his unconscious mother to the Puraini Hospital, where she was declared dead. Thereafter, he brought the body to the police station and lodged the present FIR.

4. Learned counsel for the petitioners submits that there is no specific allegation of assault against these two petitioners. Petitioner No. 1 is alleged only to have pushed the deceased, and Petitioner No. 2 is alleged to have climbed onto her chest. It is further submitted that the cause of death has not yet been determined, as the opinion regarding the same has been kept reserved and the viscera has been sent to the Forensic Science Laboratory (FSL) for examination.

5. On the other hand, learned Additional Public Prosecutor for the State and learned counsel for the informant vehemently oppose the prayer for bail. They submit that there are specific allegations against the petitioners that they pushed the deceased to the ground and sat on her chest, which resulted in her death.

Patna High Court CR. MISC. No.74523 of 2025(2) dt.10-11-2025 3/3

6. Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioners abovenamed on anticipatory bail in connection with Puraini P.S. Case No. 96 of 2025, pending in the Court of Learned Additional Chief Judicial Magistrate-I, Madhepura. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U