Brij Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3965 of 2019 Arising Out of PS. Case No.-154 Year-2018 Thana- HARSIDHI District- East Champaran ====================================================== Brij Singh, son of Late Lalbabu Singh, aged about 55 years, Gender, Male, Resident of Village- Uttari Kanchhedwa, Police Station- Harsidhi, DistrictEast Champaran (Motihari) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Roy For the Opposite Party/s :
Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Harsidhi P.S. Case No. 154 of 2018 registered for the offence punishable under Sections 341, 323, 324, 354(B), 406, 420, 504, 506, 34 of the Indian Penal Code.
Informant has alleged in her written complaint that on 29.04.2018 at 6.30 p.m., she had gone to the residence of the accused for payment of remaining consideration amount which was due against them after her husband sold their land to the accused, however, they entered into her house and assaulted and abused her and allegation against co-accused, Ranjan Kumar is that he inflicted a knife blow as a result of which her nose was cut.
Patna High Court CR. MISC. No.3965 of 2019(3) dt.07-03-2019 2/3 It has been submitted on behalf of the petitioner that the allegations made in the complaint is false and fabricated. After paying all the consideration amount, the sale deed was executed and even in the written complaint, there is no allegation of any overt act against the petitioner. In the injury report, only one injury in the nose of the informant has been found which is attributable to co-accused Ranjan Kumar. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Harsidhi P.S. Case No. 154 of 2018 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court CR. MISC. No.3965 of 2019(3) dt.07-03-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U