IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52104 of 2008 BOTORAN PASWAN Versus STATE OF BIHAR ----------- For the petitioner : Mr. Deepak Kumar, Advocate For the States : Mr. Nirbhay Kr. Singh, A.P.P. 4 29.04.2009 The sole FIR named accused of Garhpura P.S. Case No. 58 of 2007 registered under sections 307 and other allied sections of the Penal Code is in custody for allegedly entering into the room of the informant at the 1.30 in the night with evil intentions and attempting to catch hold of her and when she protested, the petitioner who happens to be her nandosi, hit her neck with the garasa as a result whereof she fell down and shouted for help. The injury report as called for from the trial court and received reveals an incised wound 1” x 2” x deep cutting external jugular vein with profuse bleeding which in the opinion of the doctor was grievous and very dangerous to life and was caused by sharp cutting weapon. The plea on behalf of the petitioner is that when the nature of injury and a cut jugular vein it was not possible for the informant to give her fardbeyan. It was also the submission of the petitioner that the FIR and the injury report have been concocted and antedated which would be apparent from the fact that the FIR was registered on 15.10.2007 notwithstanding the fact that the occurrence took place on 12.10.2007 and the victim was examined by the doctor on 13.10.2007 where she gave her fardbeyan. 2 The victim as reported still survives and it would appear from the injury report that only her external jugular vein had been cut meaning thereby that no damage had been caused to the internal jugular vein so as to render her disabled from speaking. In that view of the matter and taking into consideration the situation narrated above I am at the present moment not inclined to grant bail to the petitioner. Accordingly his prayer for bail is rejected. However, petitioner shall be at liberty to move for bail after one year. Spd/- (Abhijit Sinha, J.)