Patna High CourtCR. MISC./50660/2017bail granted

Madan Dhangar v. The State Of Bihar

2017-12-21Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50660 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Madan Dhangar, Son of Late Daroga Dhangar, Resident of Village- Lal Saraiya, Police Station- Majhaulia, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Majhaulia P.S. Case No. 51 of 2016 dated 02.03.2016 which was initially instituted for the offences under Sections 341, 323, 504 and 506/34 of the Indian Penal Code but, later, with the death of the deceased after about 11⁄2 months, Section 304 of the Indian Penal Code also was added.

From the FIR, it appears that the deceased was assaulted by the petitioner and others for having come to his Sasural unnecessarily, thereby spoiling the prospects of the property of his late father-in-law falling in the hands of the petitioner. Be it noted that the petitioner is the cousin brother-in-

Patna High Court Cr.Misc. No.50660 of 2017 (3) dt.21-12-2017 law of the deceased. From the FIR, it also appears that the deceased was only assaulted by fists and slaps and had suffered simple injuries by hard and blunt substance. Though the deceased was advised for CT scan and other medical tests but considering the injuries on his person to be of minor nature, he did not accede to the medical advice. Later, the informant/deceased died of body pain.

The petitioner is in custody since 07.07.2017. Regard being had to the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 51 of 2016.

(Ashutosh Kumar, J) KKSINHA/- U T