Prabhakar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60744 of 2019 Arising Out of PS. Case No.-436 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== PRABHAKAR JHA Son of Chinta Mani Jha Resident of Mohalla - Shantinagar, P.S.- K. Hat, Distt - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Informant :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner, learned counsel appearing for informant and learned A.P.P. for the State. The petitioner is apprehending his arrest in connection with K.Hat (Madhubani) P.S. Case No. 436 of 2019 for the offence registered under Sections 341, 323, 307, 34 of the Indian Penal Code.

The petitioner is the father in law in a case registered under Section 302 of IPC.

Learned counsel for the petitioner submits that the entire allegation against the petitioner is false and misleading and though specific allegation has been made against the present petitioner, the entire story of the informant stands belied by the postmortem report, which is indicative of Jaundice. Learned

Patna High Court CR. MISC. No.60744 of 2019(3) dt.20-11-2019 2/2 counsel for the petitioner further submits that neither the petitioner nor his son had assaulted or tortured the deceased lady mentally or physically and she was, in fact, suffering from Jaundice and died of the same.

Case diary of the present case has been called for and received. Postmortem report indicates that the victim lady was suffering from Jaundice and it is only on some misnomers that this FIR has been lodged making allegations of assault which do not found substantiated in the postmortem report. Having considered the aforementioned facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with K.Hat (Madhubani) P.S. Case No. 436 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) uma/- U T