Tetar Kora v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25898 of 2018 Arising Out of PS. Case No.-77 Year-2017 Thana- LAXMIPUR District- Jamui ====================================================== Tetar Kora, Son of Bhola Kora, Resident of Village- Nabdiha, P.S.- Laxmipur, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Laxmipur P.S. Case No. 77 of 2017 registered for the offence punishable under Sections 302, 341, 337, 338, 307, 34 of the Indian Penal Code.

Informant Raj Kumar Kora in his fardbeyan has stated that on 10.05.2017 at about 10.00 AM co-villager Akal Kora's son in law alongwith his brother in law Chandan Kora came at his house and his son Nitish Kora (deceased) went with them in Jangal for eating forest fruit. After two hours Chandan Kora came to his house in injured condition and told that his brother-in-law Tetar Kora (petitioner) assaulted him and his son with wood, as a result Nitish Kora died on the spot. Thereafter

Patna High Court Cr.Misc. No.25898 of 2018(5) dt.05-09-2018 2/2 he alongwith villagers went to forest and saw that his son was dead. Chandan Kora further told that Tetar Kora assaulted them because his father Akal Kora did not give permission to his brother in law to take her daughter in matrimonial house. It has been submitted on behalf of the petitioner that he is quite innocent and has been falsely implicated in this case. It has been further submitted that petitioner has been implicated in this case merely on suspicion and family dispute. From the FIR, it appears that the allegation does not corroborate from postmortem report. There is no eye witness of the occurrence. Petitioner has no criminal antecedent and he is in custody since 11.05.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Jamui, in connection with Laxmipur P.S. Case No. 77 of 2017.

(S. Kumar, J) veena/- U T