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Patna High CourtCR. MISC./9490/2020bail granted

Prem Chand Singh v. The State Of Bihar

2020-03-03Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9490 of 2020 Arising Out of PS. Case No.-173 Year-2019 Thana- DAWATH District- Rohtas ====================================================== 1.

PREM CHAND SINGH Son of Sri Ram Pravesh Singh Resident of Village - Nababganj (Tarbana), Police Station - Dawath, District - Rohtas. 2.

Nandjee Singh Son of Sri Ram Pravesh Singh Resident of Village - Nababganj (Tarbana), Police Station - Dawath, District - Rohtas. 3.

Ram Pravesh Singh Son of Late Balu Singh Resident of Village - Nababganj (Tarbana), Police Station - Dawath, District - Rohtas. 4.

Suresh Singh Son of Late Balu Singh Resident of Village - Nababganj (Tarbana), Police Station - Dawath, District - Rohtas. 5.

Ajit Singh @ Ajit Kumar Son of Sri Suresh Singh Resident of Village - Nababganj (Tarbana), Police Station - Dawath, District - Rohtas. 6.

Vinay Singh @ Vijay Singh @ Vinay Kumar Son of Sri Suresh Singh Resident of Village - Nababganj (Tarbana), Police Station - Dawath, District - Rohtas.

7.

Raushan Kumar @ Raushan Singh @ Raushan Kumar Singh Sri Prem Chand Singh Resident of Village - Nababganj (Tarbana), Police Station - Dawath, District - Rohtas.

8.

Sandeep Kumar Son of Sri Prem Chand Singh Resident of Village - Nababganj (Tarbana), Police Station - Dawath, District - Rohtas. 9.

Ravi Kumar Son of Sri Prem Chand Singh Resident of Village - Nababganj (Tarbana), Police Station - Dawath, District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-03-2020 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dawath Police Station Case No. 173 of 2019, disclosing

Patna High Court CR. MISC. No.9490 of 2020(2) dt.03-03-2020 2/3 offences under Sections 147, 341, 323, 354 and 506 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioners is that the petitioners assaulted the informant while she was going to attend the nature's call and tried to outrage her modesty. It has further been alleged that thereafter informant was assaulted by the petitioners by means of lathi, danda.

Learned Counsel for the petitioners submits that both the parties are co-villagers and there is a case and counter case between them inasmuch as Dawath P.S Case No. 172 of 2019 has been lodged by the side of the petitioners against the husband of the informant and others for same incident. Learned Counsel further submits that the dispute has arisen between the parties due to quarrel between the children of the side of the petitioners and the informant. Learned Counsel further submits that from the perusal of the impugned order, it would be evident that no apparent injury has been found on the persons of the informant.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers and there is a case and counter case between them and no serious injury has been found on the

Patna High Court CR. MISC. No.9490 of 2020(2) dt.03-03-2020 3/3 person of the informant, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the court below within four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikramganj, in connection with Dawath Police Case No. 173 of 2019, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Niraj/- U T