IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43831 of 2011 Dharmendra Sah son of Dina Nath Singh, resident of village Malkauniya, P.S.Dhaka, District East Champaran Versus The State Of Bihar ---------------------------------- 02/ 19.12.2011 Heard Mr.Krishna Prasad Singh, learned Senior counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in a case which has been registered for offence under Section 302/34 of the Indian Penal Code. According to written report of informant Anita Devi, her husband Bishwanath Sah after taking dinner was walking. In the meantime, six named accused persons came and one of them Dharmendra Sah assaulted her husband with lathi. Her husband fell down and he was given primary treatment but while he was being 2 taken to Patna for further treatment, he died. Submission is that there are only two witnesses of the occurrence. Besides the informant, the mother of the deceased Champar Devi is another witness. Her statement was taken by the police wherein she has not disclosed the name of the petitioner as assailant rather she has stated that Hari Om Sah came with lathi and assaulted her son Bishwanath sah, who later on died. Submission is that in view of the conflicting evidence of two witnesses, the informant is not a witness of the occurrence. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with 3 two sureties of the like amount each to the satisfaction of learned Sub- Divisional Judicial Magistrate, Sikarhana, East Champaran in Dhaka P.S.Case No. 63 of 2011. Tahir/- (Shyam Kishore Sharma, J.)