Patna High CourtCR. MISC./31457/2016bail granted

Binod Thakur v. The State Of Bihar

2016-10-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31457 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -KARJAIN District- SUPAUL ====================================================== Binod Thakur Son of Laxmi Thakur, resident of Village- Padum Nagar, Ward No.2, Police Station- Karjain, District- Supaul. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Singh For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

Petitioner is said to have given mungra blows on the head of the deceased but the aforesaid allegation is not corroborated by the inquest report as the investigating officer did not find any external injury on the person of the deceased at the time of preparation of inquest report. So far as post mortem report is concerned, some part of post mortem report appears to be missing because only a portion of post mortem report has been sent by the court below. However, the available post mortem

Patna High Court Cr.Misc. No.31457 of 2016 (3) dt.20-10-2016 2/2 report goes to show that the doctor could not ascertain the exact cause of death of the deceased. So, even if it assumed that petitioner gave mungra blow causing head injury to the deceased, then also, the aforesaid injury was not sufficient to cause death of the deceased as per post mortem report of the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri A.K. Pandey, Judicial Magistrate, Birpur in connection with Karjain P.S. Case No. 37 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T