IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20829 of 2011 Uday Chaudhary Versus The State Of Bihar ---------- 03 25.08.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Allegedly, petitioner and other FIR named accused persons mercilessly assaulted the deceased and also humiliated her by calling her witch and also put on her night soil. Admittedly, no specific overt-act has been attributed against the petitioner in the statement of the deceased except to this extent that he opened fire which did not hit her. Learned counsel for the petitioner submits that no fire arm injury has been found on the deceased. It was also pointed out by him that the deceased was brought to Sadar hospital, Munger but the doctor did not find any injury and on the request of one Mandeo Chaudhary, he referred the deceased to Patna where she died after nine days of the alleged occurrence and cause of death of the deceased appears to be head injury contributed by septicemia. On the other hand, learned counsel for the informant vehemently opposed the prayer pointing out that in course of investigation at para 114, witness Kailash Mandal has stated that it was the petitioner who gave lathi blow on the head of the deceased resulting death of the deceased. It is also pointed out by 2 him that the petitioner is man of criminal antecedent and he carries several cases in his credit. Learned counsel for the petitioner explains that almost all cases, which have been mentioned in the case diary against the petitioner, have been instituted either on the statement of Mandeo Chouhdary or his other family members. It is also highlighted by learned counsel for the petitioner that aforesaid Mandeo Chaudhary has inimical term with the petitioner and his family members. Considering the facts and circumstances as well as submissions of the parties, let the petitioner, Uday Chaudhary, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in connection with Naya Ramnagar P.S. Case No. 172 of 2008. Shahid (Hemant Kumar Srivastava, J)