Uma Singh Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47917 of 2014 Arising Out of PS.Case No. -14 Year- 2013 Thana -ADHAURA District- BHABHUA (KAIMUR) ====================================================== Uma Singh Kharwar, son of Doma Singh Kharwar, Resident of VillageDhumardeo, P.S.- Chainpur, District- Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Ms. Pushpa Sinha (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-08-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Adhaura P.S. Case No.14 of 2013 for allegedly having committed the offence under Section 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that admittedly, the occurrence took place on account of some sudden provocation and there was no premeditation. It is further submitted that the post-mortem report reveals that there was only one injury on the person of the deceased and the allegation, as carved out in the F.I.R., shows to be general and omnibus attributed to all the three accused persons.

Patna High Court Cr.Misc. No.47917 of 2014 (4) dt.04-08-2015 2/2 Considering the nature of the allegations and that the incident occurred on account of sudden provocation and that the petitioner has been made an accused in another case of the year 2009, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released 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, Kaimur at Bhabua, in connection with Adhaura P.S. Case No.14 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T