Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43550 of 2011 ====================================================== 1. Jyoti Kumar Mishra 2. Sunil Kumar Mishra Both S/o Shri Krishna Mishra, Flat No. 203 Om Sharnam Apartment, Devi Mandir Road, Punaichak, P.S. Shastri Nagar, District Patna .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 15-03-2012 Heard Mr. Suraj Narayan Prasad Sinha, learned Senior counsel appearing on behalf of the petitioners, learned Additional Public Prosecutor for the State and Mr. Ramchandra Singh, learned counsel appearing for the informant. The petitioners are in custody in connection with Shastri Nagar P.S. Case No. 300 of 2011 for offence punishable under [STATUTE] . The allegation against the accused persons including the present petitioners is of assaulting the deceased brother of the informant after pulling him down from his residence and upon protest being made by the mother of the deceased assaulting her also by the arms described in the First Information Report. Mr. Sinha, learned Senior counsel appearing on behalf of the petitioners, with reference to the statement of witnesses Patna High Court Cr.Misc. No.43550 of 2011 (3) dt.15-03-2012 2 recorded in paragraph 10 to 13 of the case diary, submits that the allegation is primarily directed against co-accused Gaurav of having assaulted the deceased by a bat and by knife and which is supported by the postmortem report recorded in paragraph 37 of the case diary. He further, with reference to the injury report of the mother of the deceased, Kamla Devi, recorded in paragraph 55 of the case diary, submits that although the injured has suffered four injuries but the intention was not of causing death. It is thus submitted that the petitioners herein who are the father and uncle of accused Gaurav and Saurav not being attributed with any act proving fatal to life, their case merits consideration. The prayer for bail has been opposed by learned Additional Public Prosecutor as well as Mr. Ramchandra Singh, learned counsel appearing for the informant. Mr. Singh, referring to the F.I.R. as also the petition filed by the mother of the deceased before the Chief Judicial Magistrate, Patna, submits that specific allegation has been made against the petitioner Jyoti Kumar Mishra of assaulting the mother by the butt of the pistol and the injury report of Kamla Devi recorded in paragraph 55 of the case diary mentions not less than three injuries attributable to hard and blunt substance. The statement of Kamla Devi has also been recorded in paragraph 26 Patna High Court Cr.Misc. No.43550 of 2011 (3) dt.15-03-2012 3 of the case diary and who has specifically named the two petitioners of assaulting her by means of a katta and bhujali. The assault made by the accused persons by the arms being carried by them and described in the F.I.R. as also in the statement of the mother, Kamla Devi, stands fully corroborated with the injuries recorded in paragraph 55, insofar as injured Kamla Devi is concerned and paragraph 37, insofar as the deceased is concerned. Considering the circumstances, no case for indulgence is made out. The application is dismissed. S.Sb/- (Jyoti Saran, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.