Vijay Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16831 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -HATHAURI District- SAMASTIPUR ====================================================== Vijay Mandal Son of Sri Narsingh Mandal, Resident of Village - Kharsan, P.S. - Hathauri, District - Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-05-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 304/34 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted by his elbow upon the chest of the husband of the informant and as a result of which he died subsequently.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 7.1.2016. Chargesheet has been submitted in the case. As per allegation, petitioner assaulted by means of elbow on the chest of the deceased. After investigation police has submitted Chargesheet for the offence under Section 304 of the Indian Penal Code. The alleged occurrence had taken place due to a petty reason within the family members.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like

Patna High Court Cr.Misc. No.16831 of 2016 (3) dt.25-05-2016 2/2 amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Samastipur, in connection with Hathauri P.S. Case no. 74 of 2015.

(Sudhir Singh, J) sudip/- U T