Siyaram Rishideo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.76309 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== Siyaram Rishideo, Son of Late Sundar Rishideo, Resident of Village- Kalasan Musahari, Police Station- Chausa, District- Madhepura. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surya Narayan Yadav For the Opposite Party/s :
Mr.Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 13.06.2018 in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code. The prosecution case as per the fardbeyan of Chotan Rishideo recorded by S.I., Phagu Ram of Chausa Police Station on 12.06.2018 at 8.30 A.M. is to the effect that in the background of land dispute, five FIR named accused persons including the petitioner were made construction of the house on the way of the informant's side which was protested by informant's side, as a result, on 11.06.2018 at 10.00 P.M., the accused persons came started abusing and assaulting the informant when the mother of the informant, Jaso Devi, wife Fuliya Devi and brother's wife Rita Devi came to rescue then
Patna High Court Cr.Misc. No.76309 of 2018(3) dt.22-02-2019 2/3 the accused persons assaulted them also. It is further alleged that the mother of the informant was pushed down on the ground and thereafter, she was indiscriminately assaulted by all the accused persons, as a result, she got unconscious and subsequently, succumbed to the injuries.
It is submitted by learned counsel for the petitioner that the accusation of assault is omnibus and general and the accusation has been levelled in the background of serious land dispute. The postmortem report does not suggest that indiscriminate assault has been made by five accused persons to the mother of the informant rather the postmortem report suggests swelling of marginal size over right elbow, bruise and swelling over the waist and on back, bruise and swelling on the right chest and over the right side of the abdomen and right knee was found swollen. Since the victim was an old lady hence, she might have died due to the assault. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP after going through the case diary submits that the specific accusation is against the petitioner is that he pushed down the mother of the informant on the ground and thereafter assaulted her.
Patna High Court Cr.Misc. No.76309 of 2018(3) dt.22-02-2019 3/3 Considering the fact that the accusation of assault is omnibus and general, investigation has already been concluded and the genesis of the occurrence being land dispute, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chausa P.S. Case No. 154 of 2018.
(Dinesh Kumar Singh, J) DKS/- U T