IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41160 of 2009 SARYUG YADAV Versus STATE OF BIHAR ----------- 2 27.11.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Hilsa P.S. Case No.182/2009 for the offences punishable under Sections 341, 323, 324 and 307 of the Indian Penal Code and subsequently Section 302 was also added. The substance of allegation against this petitioner as set out in the F.I.R. is that he assaulted the informant with the iron rod causing injury in the head and other parts of the body. Subsequently, during the course of treatment the informant has succumbed to the injuries and the postmortem report mentions the death was caused by reason of the head injuries. Learned counsel appearing for the petitioner submits that he is the ward member and merely because he did not accept the request of the informant of being included in the list of people coming under below poverty 2 line he has been implicated in the present case. It is further submitted that petitioner is aged about 70 years and the charge sheet has been submitted under the provisions of Section 304 of the Indian Penal Code read with provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is thus submitted that the allegation is not correct. Be that as it may, the allegation as set out in the F.I.R. by the informant regarding assault by this petitioner and the fact that the informant succumbed to her injuries, I am not inclined to release the petitioner on bal This bail application is dismissed. Bibhash (Jyoti Saran, J. )