Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27956 of 2015 Arising Out of PS.Case No. -24 Year- 2015 Thana -KADWA DistrictKATIHAR ====================================================== Prakash Rai Son of Sri Akalu Rai Resident of Village Chandpur, P.S. Kadwa, (Balia Belown) Dist- Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Abhay Kumar Singh, Adv. For the Opposite Party/s : Mr. Anil Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-08-2015 Heard both sides.

The petitioner seeks bail in Kadwa (Balia-Belone) P.S. Case No. 24/2015, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The husband of the deceased stated that his wife had gone to pacify the quarrel between Akalu and his two sons but on account of assault made by the petitioner, the wife of the informant died on the spot.

It is submitted that Kushmi Devi was not assaulted by the accused persons. No specific allegation of assault is made against the petitioner. The post-mortem shows that no external injury was found. Viscera was preserved. After investigation charge-

Patna High Court Cr.Misc. No.27956 of 2015 (2) dt.03-08-2015 2/2 sheet submitted under Section 304 of the Indian Penal Code. Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Kadwa (Balia-Belone) P.S. Case No. 24/2015.

(Prabhat Kumar Jha, J.) Rakhi/- U T