Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43531 of 2011 Shamim, son of Rafique, resident of Village- Madarganj, Police Station- Simraha, District- Araria. .. Petitioner. Versus The State Of Bihar: . Opposite Party. ---------------------------------- For the Petitioner : Mr. Viveka Nand Singh, Advocate For the S t a t e : Ms. Sharda Kumari, A.P.P. ----------------------------------- 02- 12.1.2012 Heard the Parties. The petitioner is in custody in connection with Forbesganj P.S. Case No.220 of 2011 for offences punishable under sections 147, 148, 149, 341, 323, 324, 427, 307, 379 and 302 of the Indian Penal Code. The allegation against the petitioner is of assaulting the husband of the informant on his head by means of a farsa upon directions being issued by co-accused Kapil. The assault proved fatal as the informants husband succumbed to the injury. Learned counsel for the petitioner submits that the intention to cause fatal injury is missing in the present case, inasmuch as there was no repetition of blows and further the post-mortem report does not support the allegation. Learned counsel thus submits that doubts being created are sufficient for consideration of the prayer made in the present case. This Court is not in agreement with the submission of learned counsel for the petitioner. The assault made by the petitioner was sufficient to wipe out the life of the informants husband. No case for consideration of prayer for bail is made out and the same is rejected. This application is dismissed. (Jyoti Saran, J.) S.K.Pathak/