IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr Misc No 34824 of 2010
Nand Kishore Sah, son of Jawahir Sah, resident of Village - Mianpur
Dubwalia, P S - Bairiya, Dist - West Champaran, Bettiah- Petitioner
Versus
State of Bihar - Opposite Party
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2 05.10.2010 Petitioner seeks bail in connection with Bairiya Police
Station Case No 55 of 2010 dated 27.04.2010 which is a case instituted
under Section 307 which was later converted to Section 302 upon death of
the victim girl read with other Sections of Indian Penal Code. It is alleged
that the petitioner alongwith other accused persons came to the house of
the informant and started an altercation. Thereafter, they variously
assaulted different members of the family. When the deceased, who is a
young girl, came to the rescue, she was also assaulted. She was taken to
the Hospital where her statement was recorded. She was then again taken
to the Hospital after two days where she died. Reliance has been placed
to the post mortem report which shows that there was no injury on the
body of the girl. It is alleged that she was a patient of epilepsy and she
died because of this disease. I am afraid I cannot accept this submission
for the simple reason that when the first information report was recorded
in the Hospital, she had injuries. In a span of three days the injury and the
sign thereof cannot vanish. Prima facie, the post mortem report is totally
unreliable.
In the facts of the case, I am not inclined to grant bail to the
petitioner. Prayer of petitioner for bail is rejected.
Petitioner may, however, renew his prayer for bail once the
case is committed to the Court of Session.
M.E.H./ (Navaniti Prasad Singh)
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