Ravindra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78257 of 2018 Arising Out of PS. Case No.-253 Year-2018 Thana- HILSA District- Nalanda ====================================================== Ravindra Prasad, son of late Shiv Sharan Prasad, resident of village Khajura, Police Station, Nagarnausa, District, Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj For the Opposite Party/s :

Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Hilsa P.S. Case No. 253 of 2018 registered for the offence punishable under Sections 341, 302, 323, 109, 337/34 of the Indian Penal Code.

Informant is widow of the deceased who in her fardebyan has stated that his elder son, his wife and his in-laws wanted her husband to execute a deed of the properties in favour of her elder son and upon his refusal, they assaulted by brick to her husband and when she went to save him, she was also assaulted. Her husband was admitted to P.M.C.H. where he died during his treatment.

It has been submitted on behalf of the petitioner that the allegation of assault by brick is general and omnibus against all the accused persons and there is no specific allegation of any assault by the petitioner. The cause of death in postmortem

Patna High Court Cr.Misc. No.78257 of 2018(2) dt.17-01-2019 2/2 report is one head injury caused by hard and blunt substance. There is case and counter case between the parties. Petitioner has no criminal antecedent and he is in custody since 26.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 253 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T