Yadubansh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.3688 of 2016 (3) dt.12-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3688 of 2016 Arising Out of PS.Case No. -137 Year- 2015 Thana -AMNAUR District- SARAN ====================================================== Yadubansh Singh son of Late Sheodhar Singh, resident of Village- Dhup Sheikhpura, Police Station- Amnour, District- Saran (Chapra). .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Brij Kishor Mishra, Advocate. For the Opposite Party : Mr. Ram Shankar Das(Spl.PP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Amnour P.S. Case No. 137/2015 registered for the offences punishable under Sections 341, 323, 354, 376/511 of the Indian Penal Code and Sections 3(i)(x)(iii)(xi) and (xii) of the SC/ST Act.

The case diary in the present case was called for, which has been received.

Learned counsel for the petitioner submits that the present dispute has arisen within the family and there is case and counter case between the parties and there is serious allegation against each other. It is further submitted that while the petitioner

Patna High Court Cr.Misc. No.3688 of 2016 (3) dt.12-04-2016 has been made accused in the present case which is out and out concocted. The petitioner side has also filed cases against his own brother who has retired as officer-in-charge of police station. It is submitted that ever since the time his brother, who has functioned as officer-in-charge has retired and come back home to live, he has been making much trouble within the family and making serious allegations and counter allegations against each other.

Considering all facts and circumstances of the case and also that there is no cogent material in the case diary so as to implicate the petitioner and keeping in view the fact that there is a background of litigation, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra, Saran in connection with Amnour P.S. Case No. 137/2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J.)