Chandan Kumar @ Chandan Kumar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37303 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -KATORIA District- BANKA ======================================================
1. Chandan Kumar @ Chandan Kumar Chaudhary Son of Bishundeo Chaudhary resident of Village-Bhortsar P.S. Katoria, District- Banka .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is said to have given blow by Mungri causing head injury to the deceased who happens to be maternal grant mother of the petitioner.
No doubt, the informant is not an eye witness of the alleged occurrence but in course of investigation, one witness namely Mallu Khaira was examined and the aforesaid witness claimed himself to be eye witness of the alleged occurrence. The witness stated that a quarrel started between the petitioner and his mother on a petty issue and when the deceased intervened into the quarrel and gave 3-4 slaps to the petitioner, the petitioner became furious and assaulted the deceased. The police after investigation
Patna High Court Cr.Misc. No.37303 of 2016 (4) dt.18-11-2016 2/2 found the case true and submitted the charge sheet for the offence punishable u/S 304 of the Indian Penal Code.
Considering the above-said facts and circumstances of the case as well as submission of the parties and also taking note of this fact that the petitioner is in jail custody since 19-03-2016, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Katoria P.S. Case No. 46 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Banka.
(Hemant Kumar Srivastava, J) A.K.V./- U