Chandrashekhar Patel @ Chandrashekhar Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56483 of 2017 Arising Out of PS.Case No. -81 Year- 2017 Thana -RIGA District- SITAMARHI ======================================================
1. Chandrashekhar Patel @ Chandrashekhar Kumar, son of Kapoorchand Raut @ Kapoorchand Patel,
2. Kapoorchand Raut @ kapoorchand Patel, son of Singheshar Raut,
3. Subhash Chandra Raut @ Subhash Raut, son of Singheshwar Raut,
4. Chandra Bhanu Kumar @ Bhanu Kumar, son of Ram pratap Raut, All resident of village-Rewasi, P.S. Riga, District-Sitamarhi. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Riga P.S. Case no. 81 of 2017, registered under Section 302/34 of the Indian Penal Code.
The accusation is that on 22.03.2017, seven persons named in the F.I.R. including the petitioners having lathi in their hands reached in the filed situated in the east of house of the informant Sujeet Patel @ Jeet Patel and started to cause assault to his uncle Gobind Patel in which he received grievous injury and he was rushed for treatment at the clinic of Doctor at Sitamarhi, where treatment of his uncle was going on. On 03.04.2017, Gobind Patel, uncle of the
Patna High Court Cr.Misc. No.56483 of 2017 (3) dt.06-12-2017 2/2 informant, become serious and he was rushed for treatment at the clinic of Dr. Ravindra Prasad, where he died. The informant raised suspicion that Gobind Patel died due to injury caused by accused. Learned counsel for the petitioners submits that it would appear from the F.I.R. that occurrence of Marpit took place on 22.03.2017 and at that time deceased was not admitted anywhere and on 03.04.2017 after two weeks he rushed for treatment at the clinic of Dr. Ravindra Prasad, where he died. In the Post-mortem report, no external injury was found on his person, rather the cause of death has been shown due to sudden cardiac arrest leading to CR failure due to chronic disease of heart and liver. The petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four 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, Sitamarhi in connection with Riga P.S. Case No. 81 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T