Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4665 of 2012 ====================================================== 1. Jawahar Paswan S/O Late Lochi Paswan Resident Of - Mohania Bairia, P.S.- Ahiyapur, District- Muzaffarpur, The Then Sub- Inspector, Runnisaidpur Police Station, District- Sitamarhi .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 14.02.2012 Heard learned counsels for the petitioner and the State. The petitioner being a Police Officer is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . The accusation was levelled that the complainant’s husband was assaulted in the custody for which 8 persons were named in the F.I.R. Petitioner was not named in the F.I.R. The F.I.R. was lodged on 05.10.2007 but the protest was filed on 16.01.2008 when the petitioner along with others were named. It is submitted by learned counsel for the petitioner that post-mortem report reflects no external injury and the police found the accusation false and final form was submitted but differing with the same Patna High Court Cr.Misc. No.4665 of 2012 (2) dt.14-02-2012 2/2 cognizance has been taken. Considering the fact that accusation was found false and no external injury was found during post-mortem, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Case No. C- 1/1488 of 2008 arising out of Runnisaidpur P.S. Case No. 167 of 2007, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar 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.