Ram Pravesh Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.56383 of 2015 (2) dt.16-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56383 of 2015 Arising Out of PS.Case No. -81 Year- 2013 Thana -KATRA District- MUZAFFARPUR ====================================================== Ram Pravesh Rai Son of Late Ram Khelaban Rai resident of villageSindhwari Tole Rajghat, P.S. Katra, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kr Singh No.1 For the Opposite Party/s : Mr. Binod Kumar 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Sessions Trial No. 464 of 2015 arising out of Katra P.S. Case No. 81 of 2013 registered under Sections 341, 323, 307, 504/34 of the I.P.C. The accusation is that in course of hot talk and abuse in between the deceased, Ram Prakash Rai, husband of Girja Devi and Most. Phulo Devi and three others, the petitioner came there with stick, fatta and started to cause assault to Ram Prakash Rai, husband of the informant, in that course, Phulo Devi gave musal blow at his head, who died in course of treatment. Learned counsel appearing on behalf of the petitioner submits that there is specific allegation against the co-

Patna High Court Cr.Misc. No.56383 of 2015 (2) dt.16-12-2015 accused Phulo Devi to give musal blow at the head of the deceased and in post mortem report, only one stitch wound was found on the head of the deceased. The petitioner, who is son-inlaw, has falsely been made accused with general allegation of causing assault. It is also submitted that petitioner has no criminal antecedent and is in custody since 20.04.2015. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 14th Additional Sessions Judge, Muzaffarpur in connection with Katra P.S. Case No. 81 of 2013. Out of two sureties, one surety must be parents or close relatives of the petitioner. (Rajendra Kumar Mishra, J.) Shail/- U T