Jay Shankar Bharti @ Jata Shankar Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.348 of 2016 Arising Out of PS.Case No. -172 Year- 2015 Thana -UJIYARPUR District- SAMASTIPUR ======================================================
1. Jay Shankar Bharti @ Jata Shankar Bharti Son of Ram Sagar Bharti, Resident of Village - Akaha, P.S. - Ujjiarpur, District - Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. U.S.P Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.
The prosecution case is that on 24.9.2015 at 4 P.M. Udai Bharti, Devendra Bharti, Kailash Bharti, Sanjay Bharti, Ashok Bharti and the petitioner came to the door of the informant and asked her to send her second daughter namely Munni when the husband of the informant showed inability to send the daughter to her inlaws' house then on the order of co accused Devendra Bharti, Udai Kumar Bharti assaulted indiscriminately to
Patna High Court Cr.Misc. No.348 of 2016 (2) dt.07-01-2016 2/3 the husband and daughter of the informant. The husband of the informant fell down and became unconscious when the village doctor Chhotu Bharti came and gave injection, thereafter the husband of the informant died. It is submitted by the learned counsel for the petitioner that no overt act has been alleged against the petitioner. No injury has been received by any one including the husband of the informant. The postmortem report suggests that no external injury was found on the body of the informant's husband by the doctor during postmortem. The cause of death has also not been ascertained and the viscera has been preserved. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Considering the fact that overt act has not been alleged against the petitioner and the accusation is not being corroborated by the medical opinion, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court Cr.Misc. No.348 of 2016 (2) dt.07-01-2016 3/3 learned SDJM, Dalsinghsarai in connection with Ujjiarpur P.S. Case No.172 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T