Patna High CourtCR. MISC./12527/2017bail granted

Jeetan Gop @ Jitan Gope Yadav v. The State Of Bihar

2017-03-24Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.12527 of 2017 (2) dt.24-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12527 of 2017 Arising Out of PS.Case No. -308 Year- 2015 Thana -BAHERA District- DARBHANGA ====================================================== Jeetan Gop @ Jitan Gope (yadav), Son of Bhagwat Gop, @ Bhagwat Yadav, Resident of Village- Radhiyam, Police Station- Bahera, DistrictDarbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-03-2017 Heard both sides.

The petitioner seeks bail in Bahera P.S. Case No. 308/2015, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

The informant alleged that on account of some dispute Fulo Devi, Sikali Devi, Jitan Gope (petitioner) and Ram Dev Yadav assaulted her sister Punita Devi with fists and slaps. Ram Dev Yadav pressed the neck of her sister with his leg causing her death.

Learned counsel for the petitioner submits that the petitioner is alleged to have assaulted with fists and slaps, but from perusal of post-mortem report (annexure-2) no external or

Patna High Court Cr.Misc. No.12527 of 2017 (2) dt.24-03-2017 internal injury was found on the body of the deceased. Viscera was sent to Forensic Science Laboratory (F.S.L.) for examination and the opinion about the cause of death is kept reserved. Considering the facts aforesaid, the petitioner abovenamed, 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 Additional Chief Judicial Magistrate, Benipur Darbhanga in connection with Bahera P.S. Case No. 308/2015.

(Prabhat Kumar Jha, J.) Vinita/- U T