Ravindra Mahto@Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21111 of 2022 In CRIMINAL MISCELLANEOUS No.34577 of 2021 Arising Out of PS. Case No.-223 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== RAVINDRA MAHTO@PRAVEEN KUMAR Son of Romlochan Mahto Resident of Village - Rohua, P.s.- Sonebarsa, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Though earlier an application for bail of the petitioner has been dismissed vide order dated 15.02.2022 on the ground that he has suppressed the criminal history, but learned counsel for the petitioner submits that the petitioner was acquitted in that case and, therefore, it should be not treated as his criminal antecedent.

In the opinion of this Court also when a person has been acquitted that case should not be treated as a part of his antecedent.

The allegation against the petitioner is that he pushed the

Patna High Court CR. MISC. No.21111 of 2022(2) dt.27-04-2022 2/3 deceased and, thereafter, she was taken to the doctor and the doctor declared her brought dead. In the postmortem report no external injury has been found. It has come in the postmortem report that she has died because of heart failure as she has a defective valve.

It has been submitted by learned counsel for the petitioner that this is not a case of Section 302 I.P.C as it has not been alleged that the petitioner has knowledge about the medical condition of the deceased and he also submits that the sole act of pushing the deceased by the petitioner is an offence under Section 323 of the I.P.C.

Considering the facts and circumstances of the case, the present application for grant of anticipatory bail is allowed. Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Sonebarsa P.S. Case No. 223 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

The observation made in this order is only for the

Patna High Court CR. MISC. No.21111 of 2022(2) dt.27-04-2022 3/3 purpose of granting anticipatory bail and the benefit should not be taken in the trial.

(Sandeep Kumar, J) Saif/- U T