Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51860 of 2022 Arising Out of PS. Case No.-144 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== VIVEK KUMAR Son of Sunil Ray Resident of Village - Kharjamma, P.S.- Mahnar, District - Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Mahnar P.S. Case No. 144/2022 instituted for the offences under Sections 341, 323, 307, 302, 504 and 34 of the Indian Penal Code.

The petitioner is said to have first assaulted the informant for his watching a match on mobile telephone. The informant is also stated to have slapped him back. Later, because of this incident, 10 persons including the petitioner assaulted the members of the family of the informant leading to death of the mother of

Patna High Court CR. MISC. No.51860 of 2022(2) dt.22-12-2022 2/3 the informant.

The learned counsel for the petitioner has submitted that the cause of death of the mother of the informant cannot be traced to the assault as has been alleged in the F.I.R. He has drawn the attention of this to the postmortem report which clearly stated that there was no external injury on the person of the deceased. Even the cause of death could not be ascertained and the viscera was sent for forensic examination.

The petitioner is in custody since 01.06.2022. The learned counsel for the petitioner has submitted that if at all the accusation is accepted to be true, it was on the spur of the moment but so far as death is concerned, it cannot be said that the assault perpetrated on the deceased led to her death. Regard being had to the afore-stated facts and the period of custody of the petitoiner, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.51860 of 2022(2) dt.22-12-2022 3/3 Magistrate, Vaishali, Hajipu, in connection with Mahnar P.S. Case No. 144/2022.

(Ashutosh Kumar, J) sunilkumar/- U T