IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38227 of 2008 JAILAL SAH SON OF HIRA SAH MANOJ SAH SON OF MEWA LAL SAH BOTH RESIDENT OF VILLAGE- KASHI PAKARI, P.S. RAJEPUR, DISTRCIT- EAST CHAMPARAN Versus STATE OF BIHAR ----------- 2 21.10.2008 Heard learned counsels for the petitioners and the State. Petitioners are accused for the offence under section 147, 341, 323, 302/34 of the Indian Penal Code. The allegation against the petitioners is that they along with other two accused persons namely, Ram Kishun Sah & Shashi Sah assaulted the husband of the informant by bricks and when he fell down he was caught by other accused persons and the informant was also assaulted when she went to rescue her husband. The husband of the informant became unconscious and thereafter he was referred to hospital for treatment and during treatment he died. Learned counsel for the petitioners submits that the allegations against the petitioners are general in nature and the same has not been supported by medical evidence. It is further submitted that as a matter of fact the material has come that the deceased was not a man of good character and he used to misbehave with the ladies of the village, and as such, villagers assaulted him - 2 - and killed. Considering the facts and circumstances of the case specially the nature of the allegations levelled against these petitioners, I am not inclined to grant the privilege of anticipatory bail to them. Their prayer for grant of anticipatory bail is, accordingly, rejected. However, on surrender in case any application for bail is filed on behalf of the petitioners in the Court below, the same shall be considered on its own merit in accordance with law without being prejudiced by the present order. Manish/- ( Shailesh Kumar Sinha,J.)