Raja Turha And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.1318 of 2015 (4) dt.04-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1318 of 2015 Arising Out of PS.Case No. -258 Year- 2013 Thana -MAHARAJGANJ District- SIWAN ======================================================
1. Raja Turha, son of Asawan Turha
2. Santosh Turha, son of Gajadhar Turha
3. Raj Kumar Turha @ Raj Kumar, son of Bechu Turha .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar Mishra For the Opposite Party/s : Mr. Manoj Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-02-2015 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Petitioners are named in the first information report and there is specific allegation against the petitioner no. 1 that he gave dagger blow causing injury on the abdomen of the deceased. So far as petitioners no. 2 and 3 are concerned, general allegation of assault has been levelled against them.
Learned counsel for the petitioners drew my attention towards several paragraphs of the case diary to show this fact that due to scuffle between deceased and his father, deceased himself caused injury which became fatal for him.
The post mortem report of the deceased reveals that
Patna High Court Cr.Misc. No.1318 of 2015 (4) dt.04-02-2015 two incised wounds were found on his abdomen and, therefore, without giving any opinion regarding the alleged occurrence, the prayer for bail of petitioner no. 1, namely, Raja Turha is, hereby, rejected.
So far as petitioners no. 2 and 3 are concerned, they are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Maharajganj P.S. Case No. 258 of 2013. (Hemant Kumar Srivastava, J) SHAHZAD/- U T