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Patna High CourtCR. MISC./14744/2022allowed

Ram Kishor Singh v. The State Of Bihar

2022-08-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14744 of 2022 Arising Out of PS. Case No.-273 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== 1.

RAM KISHOR SINGH S/o Ram Vilash Singh R/o village- Chainpura, P.S.- Riga, Distt.- Sitamarhi 2.

Nageshwar Singh S/o Budhan Singh R/o village- Chainpura, P.S.- Riga, Distt.- Sitamarhi ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 448, 323, 354 & 380/34 of the Indian Penal Code.

Both the petitioners are said to have entered into the house of the informant and misbehaved with her and when her husband protested they also assaulted him. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.14744 of 2022(3) dt.22-08-2022 2/2 petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. As a matter of fact, during lock down period the petitioners along with their associates did painting works in the school of the informant and when they demanded their labour cost, this false and frivolous case has been lodged against them. It is further submitted that after investigation the police has submitted the charge-sheet under Section 448, 323 and 354A/34 of the IPC but did not found the case true under Section 380 IPC. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Riga P.S. Case No.273/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T