IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23819 of 2008 HARKESH RAI Versus STATE OF BIHAR ----------- 3. 2.9.2008 Heard. The petitioner is in custody in a case under Section 302 IPC and bears the allegation of dealing blows with farsa on the head of the uncle of the informant who happens to be the deceased. The copy of the postmortem report in its original attached to the case diary which indicates that there were four injuries on the dead body-: (1) Blackish bruise on forehead above(R)eye of size 2½”x ¼” (2) Blackish bruise on right side of face 1 ½”x 1” size. (3) Blackish bruise on frontal area of scalp(R)side 1”x1/2” (4) Blackened & swollen left eye. The doctor on dissection- found a heamotama over right fronto-parietal region of scalp of size 4”x3” and over left temporal region of size 2”x2”. The skull was intact. Large subdural heamotama on both frontal and parietal region was also found. - 2 - It was opined that the injury was caused by hard and blunt object and the death had occurred on that account. The contention is that the allegation does not tally with the medical opinion and there was some dispute for cutting of a Seasom tree which could be claimed by either of the parties and it appears that for any reason or by whatever means the deceased happened to receive injuries and as such died. Regard being had to the direct nature of the allegations which is specific as regards the weapon and considering the medical opinion as also the defence, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Gopalganj in Gopalpur P.S.Case no.4 of 2008. B.Kr. ( Dharnidhar Jha, J. )