Patna High CourtCR. MISC./36295/2016bail granted

Damodar Sahani v. The State Of Bihar

2016-08-24Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.36295 of 2016 (2) dt.24-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36295 of 2016 Arising Out of PS.Case No. -49 Year- 2014 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== Damodar Sahani son of Popali Sahani Resident of village- Bandhauli, Police Statin- Baikunthpur, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.

Petitioner is in jail custody since 30.06.2016 in a case registered for the offences punishable under Sections 341,323,302 and 504/34 of the Indian Penal Code. It appears that the petitioner is said to have given one 'Juhath' blow as a result of which the deceased sustained injury on her nose and thereafter, she died.

Submission on behalf of the petitioner is that the post mortem report of deceased goes to show that no external injury was found on her body and the Doctor could not give exact cause of death of deceased rather he kept his opinion reserved till receipt of viscera report. It is further submitted that moreover the

Patna High Court Cr.Misc. No.36295 of 2016 (2) dt.24-08-2016 informant retreated back from her previous statement and filed a petition mentioning therein that she lodged the present case under misconception.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind that the dispute is said to have taken place on account of land dispute and single blow is said to have been given by the petitioner, let the petitioner 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 Additional Chief Judicial Magistrate, III, Gopalganj in connection with Baikunthpur P.S. Case No. 49 of 2014.

(Hemant Kumar Srivastava, J) Prakash/- U T