Ram Bilash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38441 of 2015 Arising Out of PS.Case No. -68 Year- 2015 Thana -HARLAKHI District- MADHUBANI ====================================================== Ram Bilash Mahto Son of Late Dukhi Mahto, Resident of Village - Bisaul Koriya Tole, P.S. - Harlakhi, District -Madhubani. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Gagan Deo Yadav, Advocate.

For the Opposite Party : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-08-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Section 304 and other Sections of the Indian Penal Code.

The informant alleged that the petitioner along with others came and on the order of the petitioner Ram Bilash Mahto, Ram Babu Mahto assaulted his wife with bamboo stick on her head. The wife of the informant fell down on the ground thereafter all the five accused persons are said to have assaulted the wife of the informant. The wife of the informant died during course of treatment.

It is submitted that the petitioner is an order giver and no specific allegation of assault is made. The occurrence took

Patna High Court Cr.Misc. No.38441 of 2015 (2) dt.27-08-2015 2/2 place on 25.05.2015, but the FIR was lodged on 13.06.2015. The deceased got one lacerated wound on parietal region measuring 11⁄2" x 1⁄2" x 1⁄2" on account of which the deceased died due to heamorrhage and shock caused by aforesaid injuries. The aforesaid injury is alleged to have caused by Ram Babu Mahto. Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in Harlakhi P.S. Case No. 68 of 2015. (Prabhat Kumar Jha, J.) KKSINHA/- U T