IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9207 of 2009 RAJ KUMAR DAS son of late Nagina Das, resident of village-Saidpur, P.S.- Bidupur, Dist.-Vaishali. Versus STATE OF BIHAR ----------- 3. 3.7.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused of a case which has been registerd for the offence under section 302/34 of the Indian Penal Code. Farbdeyan of the informant Mahendra Das is to the extent that the petitioner’s son Deepak Kumar came at his house and took his son Amod Kumar. As soon as Amod Kumar reached near petitioner’s house, he was assaulted by the petitioner and others. Allegation against the petitioner is that he has given assault with brick-bat on the head of Amod Kumar, who was taken for treatment to Sadar Hospital, Hajipur. He was referred to P.M.C.H. for better treatment and while he was taken to P.M.C.H. he died. Submission is that death was on account of improper treatment. The injury caused by the petitioner was not of such nature as to cause death. It is not a case of murder. At best the case comes under section 304 part-II of the Indian Penal Code. The petitioner is in custody since 29.7.2008. Considering the facts and circumstances of the case the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S.Case No.151 of 2008. Md.S. (Shyam Kishore Sharma,J.)