Case Facts:
Patna High Court Cr.Misc. No.10219 of 2012 (6) dt.27-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10219 of 2012 ====================================================== 1. Sukhdeo Yadav S/O Dhanushdhari Yadav Resident Of Village- Kulaharia, Tola-Inrwa, P.S.- Marauna, District- Supaul.... Petitioner Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 6 27-06-2012 Heard learned counsel for the petitioner, the informant and the State. This is a petition for grant of regular bail for offence under [STATUTE] . There is allegation of assault by this petitioner in the first information report by lathi on the lower part of abdomen (peru) of the deceased. However, the occurrence alleged to be due to irrigation of land and there is allegation that six accused persons assaulted the mother of the informant and when she fell down, then, Sukhdeo Yadav assaulted by lathi on the peru. The learned counsel for the petitioner submits that this informant has given a second version on 16.08.2011 where he stated that Ajayu Kumar Yadav assaulted her mother by brick on the peru and he continued that initial version of 11.08.2011 and subsequent version on 16.08.2011 is in contradiction. However, the learned counsel for the State contends that the informant in his statement in the first information report specifically stated about the assault by Sukhdeo on peru of the deceased and in his further statement also in paragraph 5 stated about the occurrence and the other witnesses in paragraphs 6, 7, 8 and 9 have supported the prosecution version. Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. The prayer for bail is rejected. However, the petitioner may renew his prayer for bail after framing of the charge. SA/- (Gopal Prasad, 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.