Kameshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42790 of 2014 Arising Out of PS.Case No. -124 Year- 2013 Thana -LAKHAURA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kameshwar Prasad Son of Bishambhar Prasad Resident of Village - Barwa, P.S.- Lakhoura, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amitesh Kumar For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is in custody since 28.6.2014 in Lakhaura Muffasil P.S. Case No.124/13 for the offences under Section341, 323, 324, 307, 379 and 34 of the I.P.C. It is submitted on behalf of the petitioner that he is full brother of the informant and there is a long standing land dispute going on between them.

During course of argument it has been stated that the petitioner poured oil on the informant and lit the fire resulting in the burn injury on the hand of the informant. It has also been submitted that, in fact, after the death of the father of the informant and the petitioner, the informant taking advantage of the

Patna High Court Cr.Misc. No.42790 of 2014 (2) dt.14-01-2015 2/2 fact that he was the eldest son, had been trying to grab the entire property, which led to the dispute between them. Learned counsel for the petitioner also submits that in para 40 of the case diary the mother of the informant has also given her statement that when the informant asked for his share, the elder brother became annoyed which resulted in the quarrel. However, the mother has stated that, in fact, the informant sustained burn injury on account of an accident.

Considering the aforesaid submissions and the fact admittedly there is a family dispute and the petitioner has been in custody for more than six months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of C. J.M., East Champaran at Motihari, in Lakhaura (Muffasil) P.S. Case No.124 of 2013.

(Anjana Mishra, J) AnilKrSinha/- U T