Ramashrya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1139 of 2020 Arising Out of PS. Case No.-1223 Year-2019 Thana- COMPLAINT CASE District- Jamui ====================================================== Ramashrya Singh Son of Late Shiv Nandan Singh Resident of Village - Chandinuwan, P.S.- Kashichak, District - Nawada ... Petitioner

Versus

1.

The State Of Bihar 2.

Ruby Devi Wife of Sri Tuntun Singh Resident of Village - Kaiyar, P.S.- Sikandara, District - Jamui.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Rajesh Ranjan Kumar, Advocate For the Opposite Party :

Mr.Nand Kishore Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 323, 341, 354B, 406, 420, 452 of the Indian Penal Code.

Complainant states that the petitioner had taken Rs.3,05,000/- from her on the assurance that if he does not return the said amount he will get the land of one Kari Devi executed. Complainant has alleged that when her husband demanded the said amount, the petitioner along with other accused persons entered into her house, tore her clothes and assaulted by fists and slaps. He also filed a false complaint. Learned counsel for the petitioner, refuting the allegation, submits that the petitioner happens to be son-in-law of the complainant's family. He submits that the petitioner had got five acres of land by means of gift from his own mother-inlaw and now the complainant, in attempt to dispossess the petitioner from his land and also in order to save her skin from

Patna High Court CR. MISC. No.1139 of 2020(2) dt.20-02-2020 2/2 the earlier case lodged by him, has filed the instant case. Petitioner has got no criminal antecedent.

Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Jamui in Complaint Case No. 1223C/2019, on the following conditions:-

(1) 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 on his absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T