Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6625 of 2015 Arising Out of PS.Case No. -23 Year- 2013 Thana -MANIYARI District- MUZAFFARPUR ====================================================== RAHUL KUMAR SON OF PARMESHWAR SETTI RESIDENT OF VILLAGE - SUBADHIYA NUR, P.S. - MANIYARI, DISTRICT - MUZAFFARPUR, BIHAR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Mukesh, Adv.

For the Opposite Party/s : Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 27-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

On 14.02.2013, while deceased Sheo Shankar was proceeding towards his Sasural over motorcycle, dashed against bicycle and on account thereof, Sheo Shankar as well as bicyclist both sustained injury, were lifted to hospital by the police officials. Subsequently thereof, the family members of both the injured were informed. Sheo Shankar was taken to Nursing Home and during course of treatment, he died. Subsequently thereof, his family members cremated and then after five days, instant case has been launched as well as at that very moment one Vijay Kumar was also produced by the prosecution. Petitioner happens to be the injured bicyclist. As is apparent none is an eyewitness even then the informant had alleged that after occurrence, an altercation took place and during course thereof, his brother was assaulted. After conclusion of the investigation charge sheet was

Patna High Court Cr.Misc. No.6625 of 2015 (3) dt.27-04-2015 submitted under non-cognizable offences, 279, 304(A) of the IPC however, differing therefrom the learned SDJM took cognizance for an offence punishable under Section 279, 337, 338, 302, 34 of the IPC.

On account thereof, petitioner Rahul Kumar is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned SDJM, West, Muzaffarpur in connection with Maniyari P.S. Case No.23 of 2013 in the event of his arrest / surrender within four weeks in terms of condition so laid down under Section 438(2) Cr.P.C. (Aditya Kumar Trivedi, J.) PN/- U T