Shankar Singh @ Ram Lakhan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29571 of 2024 Arising Out of PS. Case No.-169 Year-2023 Thana- KARAKAT District- Rohtas ====================================================== Shankar Singh @ Ram Lakhan Singh son of Raghunath Singh Resident of village- Gorari, P.S.- Karakat (Gorari), Dist.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP For the Informant :
Mr. Ajay Kumar Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-06-2024 Heard Mr. Sunil Kumar Singh, learned counsel for the petitioner as also Mr. Ajay Kumar Tiwari, learned counsel for the informant and the State.
2. The petitioner is in judicial custody in connection with Karakat P.S. Case No. 169 of 2023 for the offence punishable under sections 341, 448, 427, 504, 406, 307, 379, 506/34 of the Indian Penal Code and section 27 of the Arms Act lodged on 09.06.2023 by the informant, Kiran Devi.
3. As per the prosecution story, the allegation is that the informant was having a sweet shop on the land of the petitioner since last twenty-six years and pursuant to an agreement Rs. 19,00,000/- was handed over to this petitioner for the transfer of the said land. However, later the accused persons
Patna High Court CR. MISC. No.29571 of 2024(3) dt.28-06-2024 2/3 changed their mind and transferred the land in favour of his daughter. Subsequently, on 03.06.2023, the allegation is that the accused persons came to the shop of the petitioner and threatened him to vacate. Upon protest, allegation is that this petitioner as also his son-in-law, Dinesh Singh picked up the big bowl of boiling milk in the shop and poured on the body of the informant causing severe injury. He was immediately rushed to the Primary Health Centre, Gorari then to Sadar Hospital, Sasaram and later to Banaras Hindu University, Varanasi for further treatment. This caused the delay in lodging of the FIR on 09.06.2023.
4. Learned counsel for the petitioner submits that the informant has no sheet of paper to show that any payment was made to him. Further, there was scuffle on the point of payment of rent on which the informant himself tried to pick up the hot boiling milk bowl and got injured.
5. Learned counsel for the informant, on the other hand, submits that Rs. 19,00,000/- was taken by this petitioner but subsequently, he transferred the land to his daughter, a Title Suit No. 133 of 2020 pending before the learned Sub-Judge, Bikramganj, Rohtas has been filed for that land. He submits that a perusal of learned Sessions Judge order would show that
Patna High Court CR. MISC. No.29571 of 2024(3) dt.28-06-2024 3/3 the Doctor reported 50% burn injury on the person of the injured and found it to be grievous in nature.
6. Taking into account the aforesaid facts and the submissions of the parties, this Court is not inclined to extend him the privilege of bail, which is accordingly rejected.
7. However, since the petitioner is in custody since 23.11.2023 (paragraph 12 of the petition), the trial court is directed to expedite the trial and take the same to its logical conclusion in next nine months.
(Rajiv Roy, J) kiran/- U T