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Patna High CourtCR. MISC./49518/2014bail granted

Nathuni Sah v. The State Of Bihar

2015-04-24Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.49518 of 2014 (3) dt.24-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49518 of 2014 Arising Out of PS.Case No. -115 Year- 2014 Thana -PHULPARAS District- MADHUBANI ======================================================

1. Nathuni Sah Son of Late Mogal Sah Resident of Village - Koiri tola, Jhakhrahi, P.S. Phulparas, District Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Initially, the case was registered under Sections 341, 323, 325, 379/34 of the Indian Penal Code and after two months of the occurrence, Section 302 of the Indian Penal Code was added. Para-30 of the case diary reveals that after occurrence when deceased was examined by a doctor, one laceration on left arm measuring 3"x3" and pain in all over the body were found and the deceased was referred for better treatment but later on he died. It would appear from perusal of Para-33 of the case diary that statement of deceased was recorded at D.M.C.H. on 17.04.2014 and in the said statement; he does not make any specific allegation against the petitioner. Moreover, the cause of

Patna High Court Cr.Misc. No.49518 of 2014 (3) dt.24-04-2015 death of the deceased is said to be septicemia. 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 Sub Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 115 of 2014. (Hemant Kumar Srivastava, J) SHAHZAD/- U T