Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42279 of 2011 ====================================================== 1. Jitendra Bhagat, son of Jamun Bhagat, R/o Village- Ganesh Sirisiya, P.S. Chakia, District- East Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3 31-01-2012 Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Chakia P.S.Case No.128 of 2011 for offence punishable under [STATUTE] and subsequently [STATUTE] was added by reason of the death of the informant. Learned counsel for the petitioner submits that initially a case was registered under [STATUTE] and that the informant has expired Patna High Court Cr.Misc. No.42279 of 2011 (3) dt.31-01-2012 2 after a period of one month during the course of treatment which by itself is sufficient to demonstrate that the assault was not fatal. Be that as it may, taking into consideration the nature of assault made by this petitioner by means of the back of the spade on the head of the informant which ultimately proved fatal, I am not inclined to consider the prayer of the petitioner and the same is refused. The application is dismissed. ahk/- (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.