AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
22 paragraphs · 435 wordsHeard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Laukaha PS Case No. 98 of 2019 dated 22.04.2019 instituted under Sections 147/148/149/302/323/324/504 of the Indian
Penal Code.
The allegation against the petitioner and others is of assault on the informant and his wife and specifically against the petitioner of inflicting farsa
blow on the head of the wife of the informant resulting in death.
Learned counsel for the petitioner submitted that there is case and counter case for the incident and there have been injuries on the side of the
petitioner also. It was submitted that the incident took place a day prior on 21.04.2019 for which the deceased had gone to the Primary Health Centre
where there was complain only of chest pain and pain over the back and the doctor has opined that the nature of the injury was simple caused by hard
blunt substance. It was, thus, submitted that there was scuffle between the parties and blows were exchanged but the allegation of farsa blow
resulting in death of the wife of the informant is totally concocted. In support of such contention, learned counsel drew the attention of the Court to
copy of the postmortem report in which there is no finding by the doctor of any incised wound on any part of the body. It was further submitted that
the petitioner is in custody since 24.04.2019.
Learned APP submitted that as per the allegation, the death occurred due to inflicting of farsa blow on the head of the wife of the informant.
However, he was not in a position to controvert the finding in the postmortem report which does not disclose any incised wound on any part of the
body.
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail
upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the concerned Judicial
Magistrate, Firs Class, Jhanjharpur (Madhubani) in Laukaha PS Case No. 98 of 2019. One of the bailors shall be a close relative of the petitioner. The
petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. Any violation of the terms and conditions of the bonds
shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case. Failure to cooperate shall also lead to cancellation of his bail
bonds.
The application stands disposed off in the aforementioned terms.