Ram Dhyan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1014 of 2020 Arising Out of PS. Case No.-160 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== RAM DHYAN RAI Son of Ramshresta Rai Resident of Village - Baghari, P.s.- Sursand, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-06-2020 Heard learned counsel for the parties.
This application for regular bail arises out Sursand P.S. Case No. 160 of 2019, disclosing offences punishable under Sections 341,323,504,302/34 of the Indian Penal Code. It transpires from the First Information Report that there was dispute of title over a piece of land. It is alleged in the FIR that the petitioner and co-accused Chandrashekhar Thakur started beating the informant's husband, whereafter, he died. Learned counsel appearing on behalf of the petitioner has submitted with reference to the postmortem report that no external injury has been found therein, on the person of the deceased, who died on cardiac arrest. He has further submitted that there is nothing in the First Information Report as to
Patna High Court CR. MISC. No.1014 of 2020(4) dt.05-06-2020 2/2 whether there was any proof of arms being used to kill the deceased.
Considering the nature of allegation in the First Information Report and the finding recorded in the postmortem report, this application is allowed.
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 the learned Chief Judicial Magistrate, Sitamarhi in Sursand P.S. Case No. 160 of 2019.
(Chakradhari Sharan Singh, J) arun/- U