IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6550 of 2009 Shambhu Prasad Yadav, son of Jibachh Yadav, resident of village Mahiyarpur, P.S. Jalalgarh, Distt.-Purnea. . . . . Petitioner. Versus THE STATE OF BIHAR ----------- 3/ 04.05.2009 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case which has been registered for the offence under Section 302/34 of the Indian Penal Code. According to allegation petitioner struck a blow upon the back portion of the head of informant’s son, who fell down and thereafter he was assaulted by others. He was brought to hospital but declared dead. Submission is that Section 302 of the Indian Penal Code is not attracted because attack is on back portion of the head of the deceased. The offence comes under Section 304 of the Indian Penal Code. The corresponding injuries were found in course of investigation. The attack on the head of the deceased goes to show that there was intention to kill the informant’s son. Considering the allegation, I am no inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. Uday/ (Shyam Kishore Sharma, J.)