IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12601 of 2011 GAUTOM TANTI Versus THE STATE OF BIHAR ----------- 02 02.05.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Admittedly, deceased was own uncle of the petitioner and it is stated that petitioner along with his brother assaulted the deceased with rod and belt. Initially, on the basis of information given by the deceased Pirpainti P.S. Case No. 117 of 2009 was registered under Sections 341, 323/34 of the Indian Penal Code on 22.05.2009 but subsequently, after the death of the deceased, Section 304 of the Indian Penal Code was added on 23.05.2009. The contention of learned counsel for the petitioner is that at the relevant time petitioner and his brother were residing at Delhi and when they came to their village, they learnt from villagers that deceased had established illicit relationship with the mother of the petitioner and, thereafter, when petitioner and his brother made enquiry, an altercation took place and in the said altercation, deceased sustained some minor injuries, which were treated by the doctor and the deceased was referred to Bhagalpur for X-ray but he returned to his home and subsequently, on the very next day he died. Although, in post-mortem examination, some ribs of the deceased were found broken but considering the aforesaid facts and circumstances as well as submissions of the parties, let the 2 petitioner 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 Chief Judicial Magistrate, Bhagalpur in connection with Pirpainti P.S. Case No. 117 of 2009. Shahzad (Hemant Kumar Srivastava, J )