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Patna High CourtCR. MISC./31924/2015bail granted

Madan Ram v. The State Of Bihar

2015-08-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31924 of 2015 Arising Out of PS.Case No. -101 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Madan Ram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Sharan Singh, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

The prosecution case is that in the background of land dispute the father of the informant made protest for uprooting vegetables planted on his land when scuffle took place but ultimately the father of the informant suffered heart attack and died due to shock.

It is submitted by learned counsel for the petitioner that the post-mortem report reflects only one abrasion on right side of scapular region and the victim died due to the cardiac arrest. The accusation is not corroborated by the medical opinion recorded with the post-mortem report.

Patna High Court Cr.Misc. No.31924 of 2015 (2) dt.07-08-2015 2/2 statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Madhuban P.S. Case No.101 of 2015, pending before learned Sub-Divisional Judicial Magistrate, Sikarahana at Motihari.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T