IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.865 of 2011 HARI TURHA, son of late Munilal turha, resident of village-Itarhi, P.S.-Itarhi, District-Buxar. ……..Petitioner. Versus THE STATE OF BIHAR ----------- 2 11.01.2011 Heard learned counsels appearing on behalf of the petitioner and the State. Petitioner being the father of the deceased is languishing in custody since 17.08.2010 in a case which was initially registered under Sections 302, 201/34 of the I.P.C. It is alleged that due to the ill- behaviour the informant and her deceased husband went to informant’s native village and, thereafter when they returned they enquired about missing articles upon which the accused persons indiscriminately assaulted with lathi. The husband of the informant was locked in a room after assault. Next day in the evening the informant again enquired and then she was also be being threatened. The police after investigation submitted charge sheet under Section 306, 201 of the I.P.C. but differing with the charge sheet learned Magistrate took 2 cognizance under Sections 304, 201/34 IPC. From order sheet it appears that it was the petitioner side who took the victim to private hospital as he consumed poison. Mr. Dasrath Mehta, learned counsel for the State submits that now the cognizance has been taken under Sections 304, 201/34 IPC. Considering the fact that the impugned order does not reflect any evidence with regard to assault to the victim, the accusation during investigation has been found under Sections 306, 201 of the I.P.C., let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Itarhi P.S. Case No.78 of 2010. PN (Dinesh Kumar Singh,J.)