Ravindra Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20771 of 2018 Arising Out of PS.Case No. -158 Year- 2017 Thana -PANAPUR District- SARAN ======================================================
1. Ravindra Singh, S/o Late Jamadar Singh,
2. Manish Kumar Singh @ Manish Singh, S/o Vinod Singh, Both are R/o Village- Semarahi, P.S.- Panapur, District- Saran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-04-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 323, 324, 325, 341, 354, 379, 504 and 506 of the Indian Penal Code.
The prosecution case as per the fardbeyan of Anil Kumar recorded by Sub-Inspector of Police of Panapur P.S.on 04.12.2017 at 9.30 A.M. at Sadar Hospital, Chapra, to the effect that on 03.12.2017 at 3.00 P.M., the informant was taking tea with his wife Sima Devi on his verandah, in the meantime, six accused persons including the petitioners came and started abusing the informant. On protest being made, on the order of
Patna High Court Cr.Misc. No.20771 of 2018 (2) dt.20-04-2018 co-accused Binod Singh, the petitioner Manish Singh assaulted on the head of the informant with Farsa. The petitioner Manish Singh repeated Farsa blow which caused fracture injury in the finger of the informant, thereafter, the petitioner Ravindra Singh and co-accused Rajendra Singh assaulted him with lathi. When the wife of the informant came to rescue him then co-accused Manjeet Singh and Deepak Singh pulled her sari and she became naked. When the brother of the informant came to rescue the wife of the informant then the petitioner Ravindra Singh caught hold and co-accused Manjeet Singh snatched Mangalsutra from the wife of the informant worth Rs.60,000/-.
It is submitted by learned counsel for the petitioners that in the background of petty dispute the accusation has been levelled and there is a counter version of the occurrence also.
Learned APP, however, submits that there is specific accusation of assault against the petitioners. Considering the fact that from the injury report it appears that assault made by the Manish Singh, petitioner no. 2 on the head of the informant by Farsa but that injury has been found simple, there is no accusation of repeating the Farsa blow on the head and there is a counter version of the occurrence
Patna High Court Cr.Misc. No.20771 of 2018 (2) dt.20-04-2018 also, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Panapur P.S. Case No. 158 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T