IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25641 of 2011 Rampani Rai Versus The State Of Bihar ---------------------------------- 04. 14.10.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for State. Petitioner is in jail custody since 22.02.2011 in a case initially registered under Section 307 and other minor Sections of the I.P.C. but subsequently converted under Section 302 of the I.P.C. According to the prosecution case on account of land dispute petitioner and other F.I.R. named accused assaulted the deceased as well as her other family members and in that course, petitioner gave one lathi blow on the head of the deceased as a result of which deceased died on the next day in course of treatment. The contention of learned counsel for the petitioner is that according to prosecution case itself, the alleged occurrence took place in the evening of 12.02.2011 and after one day of the alleged occurrence i.e. on next morning the informant along with injured went to the police station but at that time she did not disclose the name of petitioner as well as other accused. It is further contended that in course of investigation, witnesses stated that petitioner and his other associates assaulted the deceased in retaliation to an incident in which the father of the petitioner was assaulted by the family members of the informant for which Maner P.S. Case No.35 of 2011 was instituted. It is further contended that even if it assumed that 2 petitioner gave one lathi blow to the deceased then also, there was also no intention of the petitioner to commit the murder of the deceased because according to the prosecution case itself, the petitioner had given only single blow to the deceased. Although post mortem report of the deceased reveals that she has sustained head injury said to have been caused by hard and blunt substance but admittedly, only one injury has been found on the head of the deceased. Taking into consideration the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner Rampani Rai be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Danapur in connection with Maner P.S. Case No.36 of 2011. Mkr. (Hemant Kumar Srivastava, J.)