Case Facts:
Patna High Court Cr.Misc. No.20239 of 2012 (2) dt.31-05-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20239 of 2012 ====================================================== Subhash Mahto, S/O Thagai Mahto, Resident Of Village- Belaspur, Police Station- Ramnagar, District- West Champaran at Bettiah .... .... 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 AHSANUDDIN AMANULLAH ORAL ORDER 2 31-05-2012 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Ramnagar P.S. Case No. 20 of 2012 dated 19.01.2012 registered for offence under [STATUTE] . Learned counsel for the petitioner submits that the allegation in the F.I.R. is palpably false and unbelievable. The F.I.R. states that the petitioner and his wife had come to the house of the uncle of the informant (deceased) and there was some altercation with regard to money upon which the petitioner and his wife are said to have assaulted the deceased. There is also an averment in the F.I.R. that four other co-villagers had seen this incident and on their intervention the quarrel was pacified. Patna High Court Cr.Misc. No.20239 of 2012 (2) dt.31-05-2012 2 Learned counsel submits that the cause of death has been found to be massive heart attack and no external injury has been found so as to even give rise to suspicion that the deceased may have been killed. It is stated that the story is otherwise. The petitioner and his wife used to take care of the deceased who was an old person living alone in the village being co-villager. Upon death of the deceased his niece, who lives in her matrimonial house, has lodged the present case only to exert pressure on the petitioner and his wife so as not to lay any claim on the properties of her deceased uncle, since the deceased was totally dependent on the petitioner and had also great love and affection for him. Learned counsel submits that it is further unbelievable that the petitioner and his wife would commit such an offence and also assault the deceased as has been alleged. Learned counsel further submits that if at all the story of assault is true then there is no explanation as to why the informant did not come and take away the deceased who was her uncle to her place when he was facing such threats. Learned counsel has also stated in paragraph-8 of the petition that even the witnesses so named are only hearsay witnesses and nobody was eye witness to the incident. In paragraph-10 it has been further stated that the petitioner has clean antecedent and is in custody since 09.02.2012. Patna High Court Cr.Misc. No.20239 of 2012 (2) dt.31-05-2012 3 Learned A.P.P. for the State, on the other hand, opposes the prayer for bail and submits that due to the act of the petitioner, the deceased had to loose his life. Upon hearing learned counsels for the parties and considering the facts and circumstances of the case, the abovenamed petitioner is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha in Ramnagar P.S. Case No. 20 of 2012. This application, accordingly, stands disposed off. Md. Ibrarul/- (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.