In a criminal miscellaneous petition, the court released the petitioner on bail by fixing sureties for the offences related to assault and grievous hurt.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of like amount to the C.J.M., Kaimur at Bhabhua.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10019 of 2013
| =================== Shailesh Kumar Singh, son The State Of Bihar |
=================================== of Shyam Narayan Singh .... .... Petitioner/s Versus .... .... Opposite Party/s |
|---|---|
| Appearance: | |
Advocate for petitioner |
: Mr. Raghunandan Kumar Singh, Adv. Mr. Bimal Kumar, Adv. |
| Advocate for Informant | : Mr. Mithilesh Kumar Singh, Adv. |
| Advocate for State | : Madaan Kumar, P.P. Incharge. |
| CORAM: HONOURABL ORAL ORDER |
E MR. JUSTICE ADITYA KUMAR TRIVEDI |
2. 06.03.2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
There happens to be specific allegation against the petitioner to have assaulted with iron rod on an instigation of his mother Bachani Devi causing injury over head of informant Bhola Singh as well as over left hand. Subsequently thereof Sanjeev Kumar Singh tried to throttle him which was prevented by Haridwar Singh and Mushafir Singh and during course thereof Sanjeev Kumar snatched away golden chain. Thereafter, informant got up gone to door and locked the same and on account thereof Shailesh Kumar and Bachani Devi remained inside the room. After arrival of police they were handed over.
Contention on behalf of petitioner is that allegation whatever been alleged is nothing but purposely introduced as a
Patna High Court Cr.Misc. No.10019 of 2013 (2) dt.06-03-2013
2
counter blast to the case instituted by Bachani Devi bearing Durgawati P.S. Case No.115 of 2012 for an occurrence whereunder petitioner was brutally assaulted. Then submitted that the doctor had found two injuries over the person of informant (1) lacerated wound on the left parietal region of scalp of size 1 ½” x 1/8” x scalp deep and the second one happens to be the cut mark over left hand. The informant was referred to specialized treatment and so opinion was kept reserved. After consuming so many months when the informant did not file his subsequent medical report therefore on 06.10.2012 the doctor had opined the injury to be caused by hard and blunt substance simple in nature. It has further been submitted that had the informant sustained severe injury then there was no question of getting up the informant going to door and closing confining the petitioner inside a room wherein he himself was present. Furthermore, the allegation was that petitioner was carrying iron rod and then in that event the informant certainly would have been repeatedly dealt with. Also submitted that petitioner happens to be under custody since 01.02.2013.
On the other hand, learned Additional Public Prosecutor assisted by learned counsel for the informant opposed the prayer and submitted that petitioner happens to be the main
Patna High Court Cr.Misc. No.10019 of 2013 (2) dt.06-03-2013
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assailant who striked over head of informant.
Taking into account the period of detention in consonance with the nature of injury, petitioner Shailesh Kumar Singh is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Durgawati P.S. Case No.116 of 2012.
(Aditya Kumar Trivedi, J.)
PN/-
1 issue framed by the court
Whether the petitioner should be released on bail by furnishing sureties for the offence under the Code of Criminal Procedure, 1973.
Shailesh Kumar Singh
Bholas Nath Singh
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
