Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79256 of 2023 Arising Out of PS. Case No.-507 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== RAJA KUMAR SON OF RANJAN YADAV R/O VILLAGEBHAGWANPUR, SAHUGARH, WARD NO.12, P.S. AND DISTRICTMADHEPURA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-03-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Madhepura P.S. Case no.507 of 2023 registered under sections 302, 307, 354B, 341, 323 and 34 of the Indian Penal Code.
3. As per the prosecution case, as a result of the petitioner having assaulted the husband of the informant with a lathi followed by co-accused Ranjan Yadav having assaulted the informant's husband with a lathi, it is stated that the informant's husband fell unconscious and died.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case due to oblique reasons. The post-mortem report does not support the
Patna High Court CR. MISC. No.79256 of 2023(3) dt.07-03-2024 2/2 prosecution case in so far as no external injury has been found on the body of the deceased. Chargesheet has been submitted under sections 304, 341, 323 and 504 of the Indian Penal Code. The petitioner is in custody since 20.6.2023 and has no criminal antecedent.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the contents of the post-mortem examination report, the petitioner having remained in custody since 8 months since 20.6.2023 and chargesheet having been submitted in the case under sections 304, 341, 323 and 504 of the Indian Penal Code, the Court directs the petitioner to be enlarged on bail in connection with Madhepura P.S. Case no.507 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura.
(Partha Sarthy, J) Saurabh/- U T