Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41853 of 2011 ====================================================== 1. Dinesh Yadav S/O Late Chaudhary Yadav Resident Of Village- Dhuriya, P.S.- Chausa, District- Madhepura 2. Manto Yadav S/O Surendra Yadav Resident Of Village- Dhuriya, P.S.- Chausa, District- Madhepura 3. Gulo Yadav S/O Surendra Yadav Resident Of Village- Dhuriya, P.S.- Chausa, District- Madhepura .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 03. 29-02-2012 Heard the parties. The petitioners are in custody in connection with Chausa P.S. Case No. 01 of 2008 for offence punishable under [STATUTE] . Learned counsel for the petitioners with reference to the F.I.R. submits that there is no allegation against petitioner nos. 2 and 3 and although there is allegation of assault on the petitioner no. 1 who happens to be the own brother of the deceased but the assault was not intentional or to cause death rather it happened by reason of a family dispute relating to easementary rights. The assault proved fatal. Considering the submission of learned and the materials on record, this Court is not inclined to allow the prayer of the Patna High Court Cr.Misc. No.41853 of 2011 (4) dt.29-02-2012 2 petitioner no. 1 for the present and the same is accordingly refused. This application insofar as petitioner no. 1 is concerned, stands dismissed. As there is no allegation against the petitioner nos. 2 and 3, let the petitioners Manto Yadav and Gulo Yadav be released on bail upon each one of them furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Chausa P.S. Case No. 01 of 2008. 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.