IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37841 of 2010 PRAHLAD SINGH son of late Sita Ram Singh R/O Vill.-Sisai Tole Mauja, P.S.-goreya Kothi, Dist.-Siwan Versus STATE OF BIHAR ----------- 3. 9.12.2010. Heard Mr. Y.C.Verma learned senior counsel appearing on behalf of the petitioner, Mr. Ganesh Prasad Singh learned Additional Public Prosecutor appearing on behalf of the State and Mr. Viveka Nand Singh for the informant. The petitioner, who is in custody in connection with Gorea Kothi P.S. Case No.42 of 2010 for the offences under sections 328 and 302/34 of the Indian Penal Code, has prayed for grant of bail. It has been alleged in the fardbeyan that the petitioner had initially assaulted the watchman of the husband of the informant, who was engaged for watching orchard of the deceased. After noticing the fact that his man was assaulted, husband of the informant went to enquire from this petitioner. Thereafter, the husband of the informant was brutally assaulted by the petitioner and three accused persons. Subsequently, a jeep was hired in garb of carrying the injured to the hospital but on way, as alleged in the first information report, poison was administered to the injured and, thereafter, he died. The informant in the first information report has disclosed that the occurrence was seen by her daughter Priyanka Kumari and, as per her information, first information report was lodged. 2 Mr. Y.C.Verma, learned senior counsel for the petitioner, while pressing the bail petition, submits that there is no specific allegation against the petitioner. It has further been submitted that during investigation number of witnesses have raised doubt that the petitioner has committed suicide. It has further been submitted that three accused persons have been granted bail vide annexure-3 to the petition by this court. Learned counsel further submits that till date no viscera report has been received and, as such, in the present case section 328 of the Indian Penal Code is not applicable. On the aforesaid ground, it has been prayed to extend the privilege of bail to the petitioner. Learned counsel for the informant as well as learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer of the petitioner. It has been submitted that the daughter of the victim has categorically stated that she also accompanied the accused persons on the jeep while her father was being carried for the hospital. The materials on record show that even after assault the accused persons had taken step to carry the injured to the hospital and, thereafter, he died. In view of non-availability of viscera report and also from the Postmortem reportm which indicates that death had occurred due to strangulation, the court is of the opinion that the petitioner can be extended privilege of bail. The reason for extending privilege of bail to the petitioner is also that three other accused persons have already been granted bail by this court vide Cr.Misc. No.29313 of 2010 and Cr. Misc. No.29314 of 3 2010 on 27.9.2010. Let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan, in connection with Gorea Kothi P.S. Case No.42 of 2010. Md.S. ( Rakesh Kumar, J.)