Baijnath Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39725 of 2015 Arising Out of PS.Case No. -101 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Baijnath Ram son of Madan Ram, resident of village- Palat, Police StationMadhuban, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Section 302/34 of the Indian Penal Code. Allegation is that due to uprooting of vegetable crops, scuffle took place between the father of the informant and the petitioner. Father of the informant being an old man failed to tolerate and died due to cardiac arrest.

It has been submitted on behalf of the petitioner that he has no criminal antecedent. There is no allegation of assault upon the deceased. Deceased was an old man and due to scuffle he fell down and died on account of heart failure. Petitioner has relied upon post mortem examination report (Annexure-2) to the present application. No offence under Section 302 I.P.C. is made out. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the

Patna High Court Cr.Misc. No.39725 of 2015 (2) dt.30-09-2015 2 / 2 court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Sikarahana at Motihari, East Champaran in connection with Madhuban P.S. Case no. 101 of 2015 (G.R. Case no. 606 of 2015), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) sudip/- U T