Tunna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40800 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -PARSA District- SARAN ====================================================== Tunna Singh , son of Saryug Singh, resident of village Bishunpura , P.S. Parsa, District Saran .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-09-2016 Heard Sri Sanjay Kumar Singh, learned counsel for the petitioner, Sri Binay Krishna, learned Additional Public Prosecutor as well as Sri Vijay Kumar, learned counsel who has voluntarily appeared on behalf of the informant. The sole petitioner, who is in custody since 3.3.2016 in Parsa P.S. Case No. 40 of 2016 registered for the offence under Section 302 / 34 of the Indian Penal Code and Section 3 (2)(v) of the Schedule Caste Schedule Tribe (Prevention of Atrocities) Act has prayed for grant of bail.

By way of referring to the F.I.R. learned counsel for the petitioner submits that the informant has made categorical statement that this petitioner gave knife blow on left side of the chest of her husband and he died whereas in the post- mortem examination report injury has been found on the right side of the

Patna High Court Cr.Misc. No.40800 of 2016 (2) dt.29-09-2016 2/2 chest. According to learned counsel for the petitioner it is false implication.

However after going though the F.I.R. and material available on record, the Court is satisfied that the petitioner is the main assailant.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T