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Patna High CourtCR. MISC./47433/2014rejected

Mani Kumar v. The State Of Bihar

2015-04-28Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47433 of 2014 Arising Out of PS.Case No. -65 Year- 2014 Thana -BARGANIA District- SITAMARHI ======================================================

1. Mani Kumar Son of Late Shambhu Prasad Resident of Village - Musa Chak, P.S. - Bairgania, Distric - Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Madan Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-04-2015 Heard learned counsel for the petitioner as well as learned APP for the State.

From para-34 of the case diary, it is apparent that victim was examined by the police whereunder he has categorically stated that petitioner as well as Dhiraj and Ganga to be his assailants by means of Chhura causing injuries over different parts of body. He was operated upon at SKMCH, Muzaffarpur and the injury report received from there is available in the case diary which corroborates the same.

The manner whereunder occurrence has been committed by way of repeatedly approaching the injured in the night and then forcing him to accompany and then the assault was made, do not justify the prayer for bail, for the present. Accordingly, the same is rejected.

Patna High Court Cr.Misc. No.47433 of 2014 (4) dt.28-04-2015 If so advised, petitioner may renew his prayer for bail after examination of the victim.

(Aditya Kumar Trivedi, J) perwez U T