IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14792 of 2009 SHIV NATH PANDIT @SIV NATH PANDIT @ LALLU @ LALDO Versus STATE OF BIHAR ----------- 3. 27.07.2009 Heard counsel for the parties. The petitioner has approached this Court seeking bail in a case instituted under section 302,307 and 323 IPC. As per allegations in the FIR, while the petitioner was beating his wife, the informant’s younger brother intervened at which the petitioner got infuriated, assaulted him by means of Lathi on his head and when the wife of the deceased went to rescue she was also given Lathi blow by the petitioner. On account of injuries so sustained at the hands of the petitioner, the deceased died at the place of occurrence itself. Learned counsel for the petitioner submits that the post-mortem report does indicate the injuries sustained by the deceased caused by hard and blunt substance; one being on the head, but the doctor has opined that those injuries were not sufficient enough to cause the death. It is contended that the petitioner is in custody since 27.04.2008. Having regard to the allegations contained in the FIR and the post-mortem report, this court, for the present, is not inclined to admit the petitioner to bail. His prayer for bail is, therefore, rejected. This Court in the particular facts of the case is, however, observes that the petitioner may renew his prayer for - 2 - bail after seven months from the date of receipt/communication of this order in the court below, if in the meanwhile, the trial of the case is not taken up and sufficient progress is not made therein. hr ( Kishore K. Mandal )