Kishundeo Bhagat And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.43624 of 2016 (2) dt.17-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43624 of 2016 Arising Out of PS.Case No. -831 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kishundeo Bhagat, son of Paran Bhagat.

2. Paran Bhagat, son of Late Deoki Bhagat, both resident of villageKhagani, P.S.- Turkauliya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate. For the Opposite Party/s : Mr. Sri Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-10-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Turkauliya P.S. Case No. 831 of 2015 registered under Sections 147, 148, 149, 341, 323, 324, 506, 302 and 120B of the Indian Penal Code.

The allegation of informant is that, on 09.12.2015, at about 10.30 A.M., five persons named in the F.I.R. including the petitioners came at his land and started to fix peg. When the father of informant and other family members made protest then accused persons including the petitioners started to abuse and assault, on which, his father died on spot.

Learned counsel for the petitioners submits that while

Patna High Court Cr.Misc. No.43624 of 2016 (2) dt.17-10-2016 the informant has alleged in the F.I.R. that his father was brutally assaulted by the petitioners and others named in the F.I.R., due to which, he died but in the postmortem report no any external injury was found on the deceased and according to doctor the cause of death was due to heart failure.

Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya P.S. Case No. 831 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T