Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20591 of 2012 ====================================================== Pramod Mahto @ Pramod Mehta .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.21825 of 2012 ====================================================== Jatan Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 26-06-2012 Heard learned counsels for the petitioners and the State. The petitioner is apprehending are arrest in a case registered for the offences punishable under [STATUTE] . It is alleged that the victim, who is brother of the informant, was taken by Gori Mahto in his house for certain panchayat when Chanardhan Paswan with iron rod and Sanjay Paswan with the back of the spade assaulted on the head of the victim. Subsequently others assaulted the victim with lathi. It is alleged against both the petitioners that these petitioners pressed the neck of Patna High Court Cr.Misc. No.20591 of 2012 (3) dt.26-06-2012 2/3 the victim with iron rod. It is submitted by learned counsel for the petitioners that informant is not the eye witness to the occurrence rather the victim has some illicit relationship with the family members of Gori Mahto, when he entered in the house, who was assaulted by the family members and when the dead body of the victim was found the present case was lodged. It is further submitted that accusation against the petitioners does not corroborate the accusation as no injury has been found on the neck and the occurrence took place on 18.11.2011 at 8.00 P.M. when the FIR was lodged on 19.11.2011 at 3.45 P.M. Considering the fact that post-mortem negates the accusation against the petitioners, let the above named petitioners be released on anticipatory bail in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Mali P.S. Case No. 69 Patna High Court Cr.Misc. No.20591 of 2012 (3) dt.26-06-2012 3/3 of 2011, 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.