Madheshwar Singh @ Madheshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 31217 of 2015 Arising Out of PS.Case No. -123 Year- 2014 Thana -GOH District- AURANGABAD ====================================================== Madheshwar Singh @ Madheshwar Kumar son of Shri Kuldip Singh Resident of Village - New Area Goh, Police Station - Goh, District - Aurangabad.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sachchida Nand Singh, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.

13-10-2015 Heard both sides.

The petitioner apprehends his arrest in Goh P.S. Case No. 123/2014, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code. The informant, son of the deceased named 5 persons including the petitioner and alleged that there was altercation for drainage. On such, Madheshwar Singh, the petitioner is alleged to have assaulted the father of the informant with a piece of brick on his testicles and his father fell down after becoming unconscious. It is submitted that inquest report bears the signature of the informant. No external injury on any part of body was found. The doctor conducted post-mortem of the dead body of Aditya

Patna High Court Cr.Misc. No.31217 of 2015 (3) dt.13-10-2015 2/2 Prasad, father of the informant but neither any external injury nor internal injury was found. The deceased was an old man aged about 76 years and he died his natural death. Due to enmity the petitioner and others have been implicated in the case. Other accused persons namely Kuldeep Singh and Shyam Kumar have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 11627/2015 and 14176/2015.

Considering the facts aforesaid and the fact that no injury either external or internal was found on the body of the deceased, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Daud Nagar, Aurangabad in connection with Goh P.S. Case No. 123/2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T