IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.9148 OF 2011 BIRENDRA RAI, SON OF LATE RAM BRIKCHCHA RAI, RESIDENT OF VILLAGE CHOTAHI, POLICE STATION RIGA, DISTRICT SITAMARHI VERSUS THE STATE OF BIHAR ********* 3 30/05/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Sections 143, 323, 324, 325, 504, 379 and 302 of the Indian Penal Code. There is a case and counter case. The allegation is that there was fighting between Bhola Rai, Raj Mangal Rai and Birendra Rai. The allegation against the petitioner is that he had inserted a stick in the anal of the deceased. The post mortem report does not indicate any injury of this nature. In the post mortem report, it has specifically been stated that the deceased died due to abdominal trauma. There was an injury 6” x 6” in the abdomen. It is, therefore, submitted that the allegation in the First Information Report is not supported by the post mortem report. Counsel for the petitioner has referred to a report of the Senior Police Officials who set up a camp to examine the truth of the allegations. Counsel for the petitioner submits that the report has come after the submission of the charge sheet, nevertheless this Court 2 may notice for the purpose of bail that the report of the Senior Police Officials indicates that no such incident has taken place as far as the allegation of violation of private parts of the deceased is concerned. Counsel for the State refers to the order passed in Criminal Misc. No. 36622 of 2010 by which the prayer for bail of the petitioner Janak Rai has been rejected. As far as the case of Janak Rai is concerned, there is allegation that he was present at the time of occurrence and participated in the fighting which took place between the two groups, which distinguishes the case of the petitioner in as much as there is specific allegation against the petitioner, of assault which has not been found to be true. Considering the facts aforesaid, the above named petitioner is directed to be released on bail in Riga Police Station Case No. 80 of 2010 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, Sitamarhi. Anand ( Sheema Ali Khan, J. )