IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3348 of 2008 RAJDEO RAM & ORS Versus STATE OF BIHAR ********* 3 08.05.2008 Heard Counsel for the petitioners and the A.P.P. representing the State. Counsel for the petitioners submits that though it is true that the petitioners are the named accused in a case under Sections 302/34 of the Indian Penal Code but there is an omnibus allegation of assaulting the deceased by fists and slaps and, therefore, if the deceased had succumbed to the injuries, the petitioners alone can not be held responsible. He further submits that as a matter of fact, it has come in the case diary that the deceased himself had tried to misbehave with the wife of co-accused Shiv Pujan Ram in early hours on the date of occurrence and, therefore, in a mob frenzy, the said deceased was first tied with a tree near the house of Shiv Pujan Ram and was assaulted by the villagers which led to his death. On the other hand, the A.P.P. with reference to the case diary has pointed out that the story of misbehaving of the deceased with the wife of Shiv Pujan Ram was not found to be true by the Police inasmuch as the Police had found nothing to show either on the place of occurrence or in the subsequent investigation that the 2 deceased had actually gone to the house of Shiv Pujan Ram and had tried to misbehave with his wife. The sum and substance which actually comes out of the First Information Report and is also affirmed in course of investigation is that the deceased was first tied in a tree and thereafter was given repeated blows which led to his death and infact when some of the villagers went to his rescue, the petitioners and other did not allow him to be taken away. Such mob frenzy and mob assault even on an accused is not permitted in law because laws of this country does not provide for an eye for an eye and a tooth for a tooth. In that view of the matter, the petitioners having direct allegation of assaulting the deceased leading to his death do not deserve the privilege of bail. Accordingly, the prayer for bail on behalf of the petitioners, namely, Rajdeo Ram, Mohan Ram and Pramod Ram is hereby rejected. Anand (Mihir Kumar Jha, J.)