IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38193 of 2008 MITHILESH KUMAR @ MITHILESH YADAV s/o Sri Rajdeo Yadav, R/o Mohalla Parvatiya Tola, P.S. Bettiah Muffassil, Distt. West Champaran, Bettiah -------Petitioner Versus STATE OF BIHAR ----------- 2. 28.11.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Bettiah Muffassil P.S. Case No.81/2008 for the alleged offences registered under section 302/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that while the play of cricket was going on between the children, there was some dispute among them. The father of the informant went there to pacify the dispute and in that scuffle, it is alleged that the father of the informant got hit by the bat of this petitioner. Thereafter the father of the informant was given first-aid. However, after about 25 days of the alleged date of occurrence he died. Submission is that the petitioner is a boy of 14 years of age and he never intended to hit the father of the informant. However, in course of the said scuffle, accidentally the father of the informant got hit by the bat of the petitioner and as such no offence under section 302 of the Indian Penal Code could be made out against this petitioner. The learned APP submits that the father of the informant died on account of the blow of bat, of course, after more 2 than 20 days of the alleged date of occurrence. Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender in connection with Bettiah Muffassil P.S. Case No.81/2008 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)