Nawal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43028 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== NAWAL SINGH Son of Md. Sadi Singh Resident of Village - Mani Bahuwara, P.S.- Kalyanpur, Distt.- East Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-07-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard the learned counsel for the petitioner as well as Mr. J.N. Thakur assisted by the learned counsel for the informant. The petitioner apprehends his arrest in connection with Kalyanpur P.S. Case No. 84 of 2021, registered for the offences punishable under Sections 341, 323, 324, 325, 354, 307 & 34 of the Indian Penal Code.
Geeta Devi is the informant. She lodged FIR stating therein that on 01.04.2021 at about 9 a.m. her son, Vivek Kumar, came from Muzaffarpur. As soon as he reached near his darwaja the FIR named accused persons including the present petitioner who were already in ambush started assaulting Vivek Kumar with iron rod, sword, knife etc. On hue and cry, the informant and her husband
Patna High Court CR. MISC. No.43028 of 2021(3) dt.12-07-2022 2/3 came there, thereafter, the accused persons started assaulting husband of the informant. The accused persons inflicted knife blows on the husband of the informant who became unconscious. The other accused persons have also assaulted her husband and her son and they were shifted to the Janki Hospital in unconscious condition. Initially the case was lodged under Section 307 and other allied sections but after the death of Vivek Kumar Section 302 of the Indian Penal Code was added.
By drawing my attention towards paragraph No. 5 of the case diary, learned counsel for the petitioner has submitted that, at that occasion, the petitioner was not holding any arm. He has falsely been implicated merely because he is father of co-accused Prabhakar Singh and Diwakar Singh. He has also submitted that in paragraph No. 12 re-statement of the informant was recorded and in her restatement she leveled specific allegation against co-accused Hari Singh of inflicting knife blows on the person of deceased. On the other hand, learned counsel for the informant has submitted that the deceased sustained three grievous injuries on his person which shows that accused persons had committed murder in pre-planned manner and it was the intention of the accused persons to kill the deceased.
There is allegation in the FIR that present petitioner along with other accused persons assaulted the deceased. In paragraph No. 5 and 12 also the petitioner has been named by the witnesses. In
Patna High Court CR. MISC. No.43028 of 2021(3) dt.12-07-2022 3/3 supervision note the complicity of the petitioner has also been figured. The investigation is still continuing. As such, I do not think it to be a fit case for anticipatory bail. Accordingly, it is rejected. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T