Makhan Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14026 of 2018 Arising Out of PS. Case No.-105 Year-2017 Thana- MADHUBAN District- East Champaran ====================================================== Makhan Baitha S/o Late Saryug Baitha, R/o Village- Pakariya, P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar For the Opposite Party/s :

Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Madhuban P.S. Case No. 105 of 2017 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant is the father of deceased, who, in his written complaint, has stated that on 06.05.2017 at about 7:00 PM marriage function of his niece was scheduled, on which petitioner and two other accused were also there and started quarreling and abusing them and when same was objected accused persons assaulted his son by Chhura and he was carried to hospital where he succumbed to his injuries.

Patna High Court Cr.Misc. No.14026 of 2018(3) dt.05-04-2018 2/2 According to postmortem report there are two lacerated wounds found on the left arm and left side of the body and there is a fracture on left side of the temporal bone which is caused by hard blunt object and that is the cause of death . There is no allegation of causing injuries by hard blunt object. Petitioner is in custody since 06.09.2017 and he has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. IV, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 105 of 2017.

(S. Kumar, J) veena/- U T