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Patna High CourtCR. MISC./15479/2021bail granted

Sanjay Singh v. The State Of Bihar

2022-01-17Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(From The Official Chambers Via Video Conferencing) CRIMINAL MISCELLANEOUS No.15479 of 2021 Arising Out of PS. Case No.-168 Year-2019 Thana- RASULPUR District- Saran ====================================================== 1.

SANJAY SINGH S/O SRI RAM SINGH R/O VILLAGE-JAMANPURA, P.O-DEVPURA, P.S.-RASULPUR, DISTRICT-SARAN, CHAPRA. 2.

DHANANJAY SINGH @ DHANANJAY KUMAR SINGH S/O TYAGI SINGH R/O VILLAGE-JAMANPURA, P.O-DEVPURA, P.S.-RASULPUR, DISTRICT-SARAN, CHAPRA.

3.

NIKU SINGH @ NIKU KUMAR SINGH S/O TYAGI SINGH R/O VILLAGE-JAMANPURA, P.O-DEVPURA, P.S.-RASULPUR, DISTRICTSARAN, CHAPRA. 4.

TYAGI SINGH S/O SRI RAM SINGH R/O VILLAGE-JAMANPURA, P.O-DEVPURA, P.S.-RASULPUR, DISTRICT-SARAN, CHAPRA. ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-01-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as learned APP for the State.

Learned counsel for the petitioners has submitted that petitioner No. 4, Tyagi Singh, has been arrested during pendency of the petition. As such, he wants to withdraw the anticipatory bail petition on behalf of the petitioner No. 4.

Patna High Court CR. MISC. No.15479 of 2021(2) dt.17-01-2022 2/3 Accordingly, the anticipatory bail petition in respect of petitioner No. 4 is dismissed as withdrawn. So far as petitioner Nos. 1 2 and 3 are concerned, the petitioners apprehend their arrest in connection with Rasulpur P.S. Case No. 168 of 2019, registered for the offences punishable under Sections 341, 323, 324, 307, 354(B), 352, 380, 34 of the Indian Penal Code.

The present case has been lodged on the basis of complaint petition filed by the informant, Biganti Devi. She has stated in the complaint petition that petitioner No. 2 forcibly caught her when she was going to ease herself along with her gotni, Meena Devi. Thereafter, when they went to complain to the family members of petitioner No. 2, the accused persons (petitioners) assaulted her.

Learned counsel for the petitioners has submitted that the present case was registered after two months of the occurrence on the basis of complaint petition and the complaint petition itself has been filed after delay of 19 days of the alleged occurrence. He has also submitted that the injuries are simple in nature caused by hard and blunt substance.

Considering the above-mentioned facts and circumstances, let the petitioner nos. 1, 2 and 3 be released on

Patna High Court CR. MISC. No.15479 of 2021(2) dt.17-01-2022 3/3 anticipatory bail in the event of their arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Saran at Chapra in connection with Rasulpur P.S. Case No. 168 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T