IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.26314 OF 2009 RAMASHISH MISTRY, SON OF BHAJJU MISTRY, RESIDENT OF VILLAGE MOHANPUR, P.S. SIKANDRA (CHANDRADIP) DISTRICT JAMUI VERSUS STATE OF BIHAR ----------- 2. 12.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 147, 148, 323, 504, 506 and 302 of the Indian Penal Code. It is stated that deceased Uganti Devi, wife of the informant, was assaulted by Ratan Mistry on her head by ‘Khanti’ as a result of which she fell down and became unconscious and thereafter she died. It is submitted by learned counsel for the petitioner that the allegation against this petitioner is of having assaulted one Bindu Devi, who has not died of her injury and, therefore, Section 302 of the I.P.C. is not directly applicable in the case of petitioner. Petitioner is in custody since 30.3.2009 and it is stated that he has no criminal antecedent. Considering the above submissions of learned counsel for the petitioner, this application is allowed. Let petitioner (Ramashish - 2 - Mistry) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in Sikandra P.S. Case No.67/09 corresponding to G.R. No.376/09 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest B.T (J.N. Singh, J.)