Patna High CourtCR. MISC./32446/2018partly allowed disposal

Sampati Chaudhary And ANR v. The State Of Bihar

2018-06-13Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32446 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -RAJNAGAR District- MADHUBANI ======================================================

1. Sampati Chaudhary,

2. Dhanpati Chaudhary, Both Sons of Late Ram Lochan Chaudhary, R/o Vill.- Nezamat Bhatsimar, P.S.- Rajnagar, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-06-2018 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

The petitioner is seeking regular bail in Rajnagar P.S. Case No. 29 of 2018 registered under Sections 341, 323, 325 and 302/34 of the Indian Penal Code.

Learned senior counsel for the petitioner submits that the parties are own Gotias and the dispute seems to have arisen in course of fishing in the pond which is jointly owned by the informant and the deceased sides. It is pointed out that on the objection raised by the father of the informant, it is alleged that petitioner no. 1 gave a spade blow on the head of the deceased, however, there is no repetition of blow and the assault seems to have been committed in the heat of passion. Learned senior

Patna High Court Cr.Misc. No.32446 of 2018 (2) dt.13-06-2018 2/3 counsel further submits that the allegations against petitioner no. 2 Dhanpati Chaudhary is that he had also assaulted and injured the father and the mother of the informant, however, there is no injury on the body of the deceased as well as the brother and the mother of the informant which may be attributed to the alleged assault by petitioner no. 2.

Learned A.P.P. for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case where it is alleged that the petitioner no. 1 gave a spade blow on vital part of the body which ultimately proved fatal I am not inclined to grant regular bail to the petitioner no. 1 at this stage. So far as petitioner no. 2 is concerned, even though allegations are there that he had assaulted the deceased, brother and mother of the informant but the post mortem report which has been enclosed as Annexure-3 to the present application discloses only one injury on the right side of the head attributed to petitioner no. 1, keeping the same in mind, let the petitioner no. 2, namely, Dhanpati Chaudhary be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Vikash Jha, learned Judicial Magistrate, 1st Class, Madhubani in connection with Rajnagar P.S.

Patna High Court Cr.Misc. No.32446 of 2018 (2) dt.13-06-2018 3/3 Case No. 29 of 2018, subject to the conditions as laid down under Section 437(3) Cr.P.C.

The trial court is directed to expedite the trial and the records, if not committed, be committed to the Court of Sessions within a period of one month from the date of receipt/production of a copy of this order.

(Rajeev Ranjan Prasad, J) Dilip/Anjula/Sanjeev U T