Shailendra Ojha @ Bablu Ojha Vs State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.31261 of 2009

SHAILENDRA OJHA @ BABLU OJHA son of Kanhaiya Ojha, Resident of village Kolhuanh, P.S. Baniapur in the district of Saran. . . . . . Petitioner. Versus THE STATE OF BIHAR

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----------2/ 15.09.2009 Heard learned counsel for the petitioner and the State.

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Allegation against the petitioner is that he assaulted by leg

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in the abdomen of the informant’s daughter. She fell down and became unconscious, thereafter, others also assaulted with fists and slaps and, finally, she died.

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Counsel for the petitioner submits that Final form was submitted by the police as post-mortem report did not support the case of prosecution. As per post-mortem report, the daughter of the

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informant died as she consumed Sulphos as no internal or external injury was found on the person of the deceased. However, Protest Petition was filed by the informant, which was treated as Complaint and cognizance has been taken under Section 302 of the Indian Penal Code.

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Considering the facts, prayer for grant of anticipatory bail is allowed. In the event of arrest or surrender within four weeks from today above named petitioner shall be released on bail on furnishing

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bail bond sof Rs.10,000/- (Ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1782 of 1998, (Bariyarpur P.S. case no. 47 of 1998) to the satisfaction of Sri D.R. Upadhyay, Judicial Magistrate, 1st Class, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner will participate in trial on regular

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basis in case of his absent even for single day, without prior permission of the court, his bail bonds should be cancelled.

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Uday/

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(Mridula Mishra, J.)

Shailendra Ojha @ Bablu Ojha v. State of Bihar

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Shailendra Ojha @ Bablu Ojha v. State of Bihar

Case brief

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What did the court decide?

What the court decided

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