Chatthu Mandal @ Chhatthu Mandal @ Chhotelal Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80712 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- TIKAPATTI District- Purnia ====================================================== CHATTHU MANDAL @ CHHATTHU MANDAL @ CHHOTELAL MANDAL Son of Late Mahadeo Mandal Resident of Village-Koskipur, P.S.- Tikapatti, District-Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Tikapatti P.S. Case No. 94 of 2019 for the offence registered under Sections 279, 337, 338 and 304 of the Indian Penal Code.

The allegation is that the petitioner was riding a home made three wheeler and is said to have dashed the same with the motorcycle of the informant resulting in the motorcycle falling on one child and one other person, further resulting in death of the child, namely, Aryan Kumar.

The learned counsel for the petitioner has submitted that the FIR would show that there is no deliberate intention on the part of the petitioner to have dashed his home made vehicle

Patna High Court CR. MISC. No.80712 of 2019(2) dt.20-01-2020 2/2 with the motorcycle of the informant, which had resulted in death of one child and injury to one other person. It is further submitted that the petitioner is having a clean antecedent and is ready to abide by such terms as may be deemed fit and proper to be imposed by this Court.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the petitioner herein to surrender before the learned court below, whereupon he shall be released by the learned court of Judicial Magistrate-1st Class, Purnea in connection with Tikapatti P.S. Case No. 94 of 2019 on such conditions as may be deemed fit and proper to be imposed upon the petitioner herein.

With the aforesaid observation and direction, this petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U T