IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47002 of 2008 TULSI SAH, Son of Janakdeo Sah, Resident of village – Sirkhandi, P.S. – Sugauli, District – East Champaran. Versus THE STATE OF BIHAR ----------- 3. 16.2.2009 Heard Sri Manoj Kumar Singh, Advocate for the petitioner, Smt. Tanuja Mishra, Advocate for the informant and Sri Dasrath Mehta, APP for the State. The case was initially registered under Section 307 etc. of the IPC but on account of the death of deceased Laxmi Sah Section 302 of the Penal Code was added to the record. The allegation against the petitioner is that he dealt a Bhala blow on the head of the deceased. Besides, others are alleged to have assaulted him with other weapons. The man was shifted to Motihari from where he was referred to Patna Medical College and Hospital and he died there. Board of two doctors held post-mortem examination and as may appear from the report, a copy of which has been produced by Smt. Mishra learned counsel appearing for the informant, there was no abnormality detected on head. The man was ill and appears anemic and also suffering from chronic ulcer, probably the assault on his parts of the body accelerated his end. This could be the - 2 - reason for the man died after one over a fortnight of the incident. Let petitioner Tulsi Sah be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub- divisional Judicial Magistrate, Raxaul at Motihari in connection with Sugauli P.S. Case No. 110 of 2008. DKS/ (Dharnidhar Jha, J.)