Santosh Kumar Singh @ Rinku Singh @ Rinku Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11691 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- AZIMABAD District- Bhojpur ====================================================== Santosh Kumar Singh @ Rinku Singh @ Rinku Mukhiya Son of Ram Ayodhya Singh R/o Village - Bargaon, P.S.- Azimabad, District - Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-04-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Azimabad P.S. Case No. 100 of 2024 dt. 08.12.2024 registered for the offence under Section 191 (2), 190, 352, 351(2), 126(2), 115(2), 109, 74, 76, 305 of the Bharatiya Nyaya Sanhita 2023, Section 27 of the Arms Act and Section 3⁄4 of the Witch Craft Act.
3. As per the prosecution story on 07.12.2024 at about 12 O' Clock in the afternoon the petitioner along with other accused persons named in the F.I.R. entered into the house of the informant carrying sticks, rods, rifles, pistols etc. Upon entering into the house, the petitioner fired in the courtyard in order to terrorize the family and started searching the informant's son namely, Bhola and told her that he would kill
2/4 him today. When the daughter of the informant opposed, the petitioner caught her daughter by hair and pulled her down and outraged her modesty and deliberately torn her clothes. When the informant intervened, the petitioner and the co-accused Suman Singh caught hold of the informant, pulled her down causing serious injury to her waist. It has further been alleged that with intention to insult the informant and outrage her modesty, all accused persons together started pulling her saree and blouse due to which she became half naked. Subsequently, other accused persons assaulted the son of the informant Bhola Singh with lathi, danda and rod due to which he suffered injury on his body and head. The co-accused Dheeraj Singh assaulted her son in the stomach with the butt of the rifle.
Amit Singh assaulted her son with stick due to which he sustained injury on his forehead. Amit Singh picked up her granddaughter from the courtyard and threw her on the bed in the verandah due to which she became unconscious. Meanwhile, Hariom Singh, Prince Singh and Bholi Singh entered into the house and took away Rs. 20,000/- cash, gold chain and earrings from the box kept in the house.
4. Learned counsel for the petitioner submits that petitioner along with his family members have falsely been implicated in
3/4 this case on account of the fact that prior to this occurrence an F.I.R. bearing Azimabad P.S. Case No. 99 / 2024 was lodged by the wife of the petitioner against the informant's son and others. The F.I.R. by side of the petitioner was lodged on 07.12.2024 which is prior in time to the present F.I.R. which has been lodged on 08.12.2024 for an occurrence which has taken place on 07.12.2024. He next submits that the allegation that petitioner and other accused persons entered into the house of informant and fired is not supported by any evidence and further the allegation that petitioner and other accused persons pressurized the informant to enter into compromise Azimabad P.S. Case No. 48 / 2023 is also incorrect and concocted. Learned counsel further submits that petitioner has been roped in the present case due to political rivalry inasmuch as his wife is Mukhiya and the petitioner has won P.A.C.S. election and at present he is the P.A.C.S. Chairman.
5. On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that the petitioner is having nine criminal antecedent as referred in the case diary but the petitioner has disclosed only seven criminal antecedent in paragraph no. - 3 of this application. He further submits that petitioner is having a criminal bend of mind
4/4 and in order to terrorize the family members of the informant and to pressurize them to withdraw the case lodged by the informant bearing Azimabad P.S. Case No. 48 of 2023 entered into the house of informant, opened fire, assaulted her family members, outraged her modesty and terrorized the informant and her family members. The reason behind lodging the F.I.R. on 08.12.2024 for an occurrence which has taken place on 07.12.2024 is that the daughter of informant was being treated in the hospital.
6. In reply, learned counsel for the petitioner submits that the petitioner is having only seven criminal antecedent mostly between the parties.
7. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that petitioner is having seven / nine criminal antecedent and he appears to be a history sheeter, accordingly, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected. (Anil Kumar Sinha, J) praful/- U T