Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 39977 of 2012 ====================================================== Sita Ram Choudhary S/O Baijnath Choudhary R/O Village - Hassanpur Bazar, Police Station - Hassanpur, District – Samastipur. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2. 07-11-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner is in custody in connection with Hassanpur P.S. Case No. 121 of 2011 registered for offence punishable under [STATUTE] . As per the F.I.R., the petitioner along with two others are stated to have assaulted the deceased in the night of 26.11.2011 by fists and rods. Further, there is specific allegation of one co-accused-namely, Sunde Choudhary to have given a blow by iron rod on the head of the deceased. Thereafter, the injured (later deceased) was taken to Begusarai for treatment from where he was referred to Patna but due to lack of funds he was treated at the Government Hospital at Hassanpur where he passed away on Patna High Court Cr.Misc. No.39977 of 2012 (2) dt.07-11-2012 2 07.12.2011. Learned counsel for the petitioner submits that the allegation is false and concocted against him and that there is no reasonable explanation for the delay in lodging of the F.I.R. since the incident is alleged to have taken place at 9:30 p.m. on 26.11.2011 whereas the F.I.R. was lodged on 07.12.2011. Learned counsel also submits that daughter of Sunde Choudhary, who is said to have given the blow on the head, has also filed a complaint case on 03.12.2011 before the Chief Judicial Magistrate, Rosera being Complaint Case No. 1016C of 2011 for alleged offence punishable under [STATUTE] as well as Section 27 of the Arms Act. It is submitted that the present case is by way of counter case only to create a defence. Learned counsel submits that the petitioner has clean antecedent and is in custody since 30.04.2012. Learned counsel also refers to the statement made in paragraph-6 of the application where it is stated that during postmortem head injury was found as cause of death by the doctor. Learned counsel for the petitioner has produced the copy of the complaint case for the perusal of the Court. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner was one of the persons who brutally assaulted the deceased. As far as the complaint case is concerned, Patna High Court Cr.Misc. No.39977 of 2012 (2) dt.07-11-2012 3 it is submitted that the alleged date of occurrence is also 26.11.2011 at 10:00 p.m. and in the complaint case there is no reasonable explanation for delay whereas in the present case the delay is obviously explained as the informant was first getting the deceased who later on died treated. It is submitted that the story in the complaint is also falsified since it is alleged that the deceased ran away after attempting to commit rape whereas it is a fact that the deceased was badly injured and was treated at various places. Thus, there is no explanation of the fatal wounds on the deceased and therefore, it is the other way round and the complaint case is only by way of defence. He further submits that in this background the petitioner does not deserve to be released on bail. Upon considering the submissions of learned counsels for the parties and considering the facts and circumstances of the case, this Court prima facie agrees with the submissions of the learned A.P.P. inasmuch as the complaint case and story made out does not inspire confidence. However, in view of the fact that the death has occurred due to head injury and it is the specific allegation in the F.I.R. that Sunde Choudhary and not the petitioner inflicted the blow on the head and that the petitioner has clean antecedent and is in custody since 30.04.2012, let the abovenamed petitioner be released on bail upon furnishing bail Patna High Court Cr.Misc. No.39977 of 2012 (2) dt.07-11-2012 4 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rosera at Samastipur in Hassanpur P.S. Case No. 121 of 2011. The petitioner shall be physically present before the court on each and every date till the disposal of the case. Failure to do so on any two consecutive dates shall lead to cancellation of the bail bonds of the petitioner in the present case. Anjani/- (Ahsanuddin Amanullah, 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.