Patna High Court - Orders
Nand Kumar Singh vs The State Of Bihar on 28 June, 2012
Author: Gopal Prasad
Bench: Gopal Prasad
Patna High Court Cr.Misc. No.11923 of 2012 (5) dt.28-06-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11923 of 2012
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Nand Kumar Singh, son of Late Paras Nath Singh, resident of Village-
Gokula, P.S. Paroo, District- Muzaffarpur.
.... .... Petitioner.
Versus
The State of Bihar
.... .... Opposite Party.
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD
ORAL ORDER
5 28-06-2012Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been arrested in connection with Sessions Trial No. 63 of 2002 arising out of Paroo Case No. 81 of 1998, registered under Sections 302/34 of the Indian Penal Code.
There is allegation that five persons including this petitoner namely, Paras Nath Singh armed with Hasuli, Nand Kumar armed with Garasi, Janardan Singh armed with knife, Shyam Kumar Singh armed with lathi and Shiv Kumar armed with lathi came and kidnapped the father of the informant after gagging his mouth and took away the father to the house of Taslim Mian at a distance of 500 yards. After some time they came out from the house of Taslim Mian and went to north side. When the informant went there found his father was done to death by slitting his throat and injury was found on the wrist and forehead. Wife of Patna High Court Cr.Misc. No.11923 of 2012 (5) dt.28-06-2012 Taslim Mian was alone in the house and she was very afraid.
Learned counsel for the petitioner submits that there is no eye witness to the occurrence as Nasima Begum wife of Taslim Mian in her statement recorded under Section 164 Cr.P.C. stated that neck of Sukhlu was cut inside the house and she was seen cutting neck of the deceased, but she has not stated the name of the petitioner.
Learned counsel for the petitioner further submitted that Dy.S.P. in his supervision note has stated that wife of Taslim Mian having illicit relation and wife of Taslim Mian has not named this petitioner and petitioner remained absconding and surrender in 2011.
Having regard to the facts and circumstances five persons came and dragged the victim thereafter murdered, hence I am not inclined to grant bail to this petitioner at this stage. Hence his prayer for bail is hereby rejected. However, the petitioner may renew his prayer for bail after framing of charge.
m.p. (Gopal Prasad, J)