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Patna High CourtCR. MISC./77064/2018bail rejected

Nishu Singh @ Karu Singh v. The State Of Bihar

2019-05-02Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77064 of 2018 Arising Out of PS. Case No.-137 Year-2018 Thana- BHAGWANPUR District- Begusarai ====================================================== Nishu Singh @ Karu Singh, Son of Late Surendra Singh, Resident of VillageBhith, P.S. Bhagwanpur, Distt.- Begusarai. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-05-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No. 137 of 2018, registered under Sections 341, 323, 324 and 379 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Begusarai.

The accusation is that on 15.06.2018, Nishu Singh (petitioner), who is maternal brother of the informant came at the house of informant and asked him to accompany at his sasural as his wife is of bad character. Thereafter, informant boarded on the motorcycle of the petitioner for going to the Sasural of the petitioner, but petitioner reached Kargathpura market then the informant asked to petitioner to left him at his house on which petitioner proceeded with the informant for his house, but in the way, the petitioner stopped the motorcycle and

Patna High Court CR. MISC. No.77064 of 2018(4) dt.02-05-2019 2/2 took out dagger and started to cause assault at his chest and left hand and left leg. The petitioner also snatched his mobile and cash of Rs. 3500/- from the pocket of the informant, but on intervention of the villagers, the petitioner fled away from there.

Learned counsel appearing on behalf of the petitioner submits that in the case diary, five injuries are shown on the person of informant, out of which the injury found on the abdomen is found grievous in nature. It also appears that the fardbeyan of the informant was recorded next day of the occurrence i.e. on 16.06.2018 in the emergency ward of Allexia Hospital, Begusarai.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The provisional bail granted to the petitioner, namely, Nishu Singh @ Karu Singh vide order No.2, dated 15.01.2019 in connection with Bhagwanpur P.S. Case No. 137 of 2018 is, hereby, cancelled.

(Rajendra Kumar Mishra, J) manish/- U T