Patna High CourtCR. MISC./2378/2019disposed

Bimal Chokhani And ANR v. The State Of Bihar

2019-02-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2378 of 2019 Arising Out of PS. Case No.-652 Year-2018 Thana- FORBESGANJ District- Araria ======================================================

1. Bimal Chokhani

2. Anjani Chokhani Both sons of Shri Hem Narayan Chokhani @ Hemraj Agrwal Chokhani Resident of Forbeasganj Ward No.11, Station chowk, P.S Forbesganj, DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-02-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Forbeasganj P.S.Case No.652 of 2018 (corresponding to General Registration No.2752 of 2018) instituted on25.8.2018 registered for offences punishable under Sections 304/34 of the Indian Penal Code.

Allegation against the petitioners is that due to dismantling of his house three persons received injuries and they died. Submission of the learned counsel for the petitioners is that the house was old and due to that some portion of the same has fallen and the deceased were usually selling Rakhi in front of the house so they received injuries and no case is made out

Patna High Court Cr.Misc. No.2378 of 2019(5) dt.21-02-2019 2/2 under Section 304 of the IPC rather it is a case under Section 304(A) of the IPC. He has also cited some paragraphs of the case diary.

Heard learned A.P.P. who has opposed the prayer for bail drawing my attention towards para 11 of the case diary. . Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the petitioner to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on the basis of materials available on the record and if possible to be disposed of on the same day. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T