Mohan Kumar Singh @ Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.799 of 2019 Arising Out of PS. Case No.-29 Year-2018 Thana- MEHUSH District- Sheikhpura ====================================================== 1.

MOHAN KUMAR SINGH @ MOHAN SINGH S/o Late Rambrikshya Singh Resident of Village- Mubarkpur, P.S.- Mehus, District- Sheikhpura. 2.

Nirbhay Kumar @ Sri Krishna Kumar Son of Mohan Kumar Singh Resident of Village - Mubarkpur, P.S.- Mehus, District- Sheikhpura. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Manoj Kumar For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 20-05-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Mehus P.S. Case No. 29 of 2018, SC/ST Case No. 124 of 2018 registered under Sections 341, 323, 504, 506 and 34 of the Indian Penal Code and Section 3(r) (s), W(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Submission of learned counsel for the appellants is that the appellants are innocent and have falsely been implicated in the present case due to family dispute. The appellant no.2 is a student of intermediate, having good moral

Patna High Court CR. APP (SJ) No.799 of 2019 dt.20-05-2019 2/2 character. Further submission is that on perusal of records, it appears that the present case is the counter blast of Mahila P.S. Case No. 43 o 2018, which was lodged by the wife of the appellant no.1 against the father of the informant. Thereafter, the present case is lodged with false allegation. Having heard both sides and in the facts and circumstances of the case, let the above named appellants be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cumSpecial Judge, SC/ST Act, Sheikhpura in connection with Mehus P.S. Case No. 29 of 2018 and SC/ST Case No. 124 of 2018, subject to the conditions as laid down under section 438(2) of Cr. P.C.

Accordingly, the appeal is allowed and the impugned order is set aside.

(Arvind Srivastava, J) shailendra/- AFR/NAFR CAV DATE Uploading Date Transmission Date