Hari Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1903 of 2017 Arising Out of PS.Case No. -243 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Hari Shankar Singh, Son of Late Bihari Singh, Resident of Village-Panapur Langa, P.S.-Hajipur Sadar, District-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 06-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No.243 of 2016 registered under Sections 147, 148, 149, 341, 323, 302 and 307 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Vaishali.

The accusation is that the informant was informed by her brother-in-law Satyendra Singh about causing injury to her husband due to land dispute by 12 persons, named in the F.I.R., including the petitioner. At that time, the petitioner and one Anil Singh caused injury to her husband through knife at his stomach and eyes respectively. Later on, the husband of the informant died.

Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.1903 of 2017 (3) dt.06-02-2017 2/2 submits that it would appear from the F.I.R. that the informant is not an eye witness to the occurrence. While the occurrence is said to have committed by 12 persons but in the post-mortem examination of the dead body of the deceased, the husband of the informant, only four injuries were found on the person of the deceased, the husband of the informant, and out of four injuries, two were of incised in nature, which is said to be caused on the forehead and left arm of the deceased. On the other hand, learned A.P.P.

for the State opposed the prayer of the petitioner for grant of bail with the submission that Satyendra Singh, the brother-in-law of the informant, is an eye witness to the occurrence and he has specifically stated about causing knife injury by this petitioner and causing injury through bat by the coaccused Anil Singh to the deceased, the husband of the informant. Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.

(Rajendra Kumar Mishra, J) P.S./- U T