Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10562 of 2012 ====================================================== GAURAV TIWARY S/O SRI HARI SHANKAR TIWARY RESIDENT OF VILLAGE BARISWAN POLICE STATION SHAHPUR BHOJPUR .... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 3 23-05-2012 The petitioner apprehends his arrest in a case under [STATUTE] . In the FIR the allegation of assaults by Lathi, Farsa and Bhalla are against the petitioner, Harisankar Tiwary and Gautam Tiwary. Learned counsel for the petitioner submits that the post mortem report shows only one injury caused by hard and blunt substance. He submits that the FIR was received by police on 3.4.2011, whereas from the prosecution case it appears that the typed copy of the FIR was sent by post to the police station and that too after three days. The petitioner submits that such document at least gives speculation that the same was made after due deliberation which lowers its credibility. The petitioner submits that in view of the conflict between the prosecution case Patna High Court Cr.Misc. No.10562 of 2012 (3) dt.23-05-2012 2 / 2 2 and the post mortem report, it can be deduced that the informant may not have seen the occurrence. He submits that the date of birth of petitioner is 2.2.1994, as such, would be a juvenile on date of currence i.e. 24.3.2011. Counsel for the State submits that the petitioner has been named in the FIR as one of the two accused persons who also assaulted the husband of the informant. In the facts and circumstances of the case, the petitioner may approach the Juvenile justice Board that he was a juvenile at the time of occurrence. With the aforesaid observations, the instant petition is permitted to be withdrawn. Let this order passed in respect of Shahpur Police Station Case No. 53 of 2011 be communicated to the court of Chief Judicial Magistrate, Bhojpur at Ara through fax at the cost of the petitioner. Shashi. (Samarendra Pratap Singh, 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.