IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32637 of 2008 PANKAJ SINGH Versus STATE OF BIHAR ----------- 2. 28.8.2008 Heard. Allegation is that for not paying up money due to the petitioner, the deceased was taken to a market place, badly assaulted there and was brought and left to his house. The allegation further is that since then the deceased was bed-ridden and ultimately died. By drawing attention of the Court towards post mortem examination report, it was contended that there was merely a fracture of left femer of the deceased and opinion of the doctor indicated that cardioraspiratory failure on account of fat embolism. The witnesses have stated that the deceased was mercilessly assaulted. It is contended that the case could be at best under section 385 of the Indian Penal Code and if facts and law are stretched to such an extent the case could be attracted under section 304 Part-II of the Indian Penal Code. Let petitioner above named, under the above facts and circumstances and the contention, 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 the Addl. Sessions Judge-F.T.C-III, Barh, in connection with Sessions Trial no.260 of 2008 arising out of Mokama P.S. case no.149 of 2007. sudip ( Dharnidhar Jha,J )