IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS NO.34591 OF 2011
CHOTE MOHAMMAD @ CHOTE RAI SON OF SHAKEEL RAI,
R/O VILLAGE- SORPANIA, P.S.- DHAKA, DISTRICT- EAST
CHAMPARAN
VERSUS
THE STATE OF BIHAR
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2 16/11/2011 Heard Mr. Alok Kumar Sinha, No. 1, learned
counsel for the petitioner and Dr. Indiwar Kumari,
learned APP for the State.
The case was initially registered under
section 307 of the Indian Penal Code but after death
section 302 IPC was added. The petitioner is the sole
named accused of the case.
According to the allegation, there was
altercation between the petitioner and the informant’s
brother Shyamdeo Rai Patel. The petitioner picked up
a small piece of bamboo and assaulted upon the head
of the informant’s brother who was carried to hospital
but in course of treatment he died.
Submission is that the case does not come
under the purview of section 302 IPC because there
was no intention or knowledge at all that such act
would cause death.
Considering the facts and circumstances of
the case, the petitioner above named is directed to be
released on furnishing of bail bond of Rs. 10,000/-
(ten thousand) with two sureties of the like amount
2
each to the satisfaction of the learned
S.D.J.M./concerned Court, Motihar in connection
with Dhaka P.S. Case No. 18 of 2011.
(Shyam Kishore Sharma, J.)
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