IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39755 of 2008 UPENDRA SINGH Versus STATE OF BIHAR ----------- 3. 19.12.2008 Heard Sri Shakil Ahmad Khan, senior counsel for the petitioner and the learned A.P.P. for the State. The informant is the wife of the elder brother of the petitioner and there is a story that she handed over a key of the particular room in which she was residing to her Dewar while going to parents house for celebrating Chhath asking the petitioner to give her the key when she come back. She stated that the petitioner was not ready to return back the key and, as such, the son of the informant named Munna Singh went to the petitioner to beg for the keys and when the petitioner refused to give him key he told that he shall break upon the door after breaking the lock. It is at this stage that the petitioner is alleged to have fired a shot into the belly of the boy who was injured. The contention is that the properties were joint and there was a dispute for partition of the properties including the house. The lady informant and her husband were residing in Delhi where the husband was a property dealer and she never came to live in any portion of the house in question and the very story appears not acceptable. It could be a situation of temporarily living in a room on account of arriving at Jaitpur village and being allowed to live there and a refusal on subsequent occasion on account of non-partition of the properties. The contention further is that if the very genesis is false the court cannot - 2 - give much credence to the other part of the story. The learned A.P.P. has drawn the attention of the court to some of the paragraphs of the case diary in which the witnesses have supported the allegation. It was further contended by the learned A.P.P. by drawing the attention of the court to paragraph 129 of the case diary which contains the copy of the injury report that there was a complete laceration of the kidney of the boy and that was repaired by nephrotomy. Regard being had to the facts of the case and specially the nature of the injury which was inflicted by the petitioner, I am not inclined to direct the release of the above named petitioner on bail. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )