Rama Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22887 of 2019 Arising Out of PS. Case No.-337 Year-2018 Thana- KUDHNI District- Muzaffarpur ====================================================== Rama Shankar Prasad Son of Late Ramchandra Prasad Resident of Village - Fakuli, P.S.- Kudhni, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyavrat Verma For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 342, 323, 325, 307, 354(A), 379, 504, 506 and 34 of the Indian Penal Code.

The prosecution case in brief is that in the backdrop of a petty issue, an altercation took place between the parties and in consequence thereof, the informant's mother was assaulted who sustained injuries and after lapse of three months, she died. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 28-08-2018. Charge sheet has already been submitted. Earlier a case was instituted for an

Patna High Court CR. MISC. No.22887 of 2019(3) dt.08-05-2019 2/2 offence under Section 307 of the Indian Penal Code in respect of an occurrence, which had taken place on 03-07-2018. The deceased is said to have died on 06-10-2018 after a period of three months. The deceased is said to have died due to secondary haemorrhage and not due to primary haemorrhage. The postmortem report also indicates that the death occurred due to septicemia. Both parties are agnates. There is admitted land dispute between the parties. Title suit is also pending between them.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above 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 Sub JudgeIII-cum-ACJM III, Muzaffarpur in connection with Kudhni P.S. Case No. 337 of 2018.

(Sudhir Singh, J) A.K.V.//- U T