IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41251 of 2008 ASHOK CHAUDHARY SON OF RAM UDAGAR CHAUDHARY RESIDENT OF VILLAGE MATHURAPUR, POLICE STATION-DALSINGSARAI AND DISTRICT-SAMASTIPUR. Versus STATE OF BIHAR ----------- 2. 20.10.2008. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case under section 304 of the Indian Penal Code in which he has been described as sole accused. The allegation is that the petitioner has assaulted the informant’s mother with fists and slaps causing bleeding from her ear. She was treated but after one month she died. The submission is that at best this case comes under section 323 of the Indian Penal Code and not under section 304 of the Indian Penal Code. The postmortem report does not support the allegation that it was on account of injury which has been attributed against the petitioner. Considering the facts and circumstances of the case, petitioner Ashok Chaudhary is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Dalsingsarai in connection with Dalsingsarai P.S.Case No.128 of 2008. Md.S. (Shyam Kishore Sharma,J.)