Umesh Singh And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17539 of 2016 Arising Out of PS.Case No. -821 Year- 2014 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================
1. Umesh Singh, Son of Late Raj Ballabh Singh
2. Manju Devi, wife of Umesh Singh
3. Dharmendra Kumar, Son of Azad Singh
4. Sona Devi, wife of Azad Singh, All are resident of village - Baiju Bigha, P.S. Salaiya, District Aurangabad .... .... Petitioners
Versus
1. The State of Bihar
2. Shyam Narayan Singh, Son of Late Bhaglu Singh, Resident of village Baiju Bigha, P.S. Salaiya, District Aurangabad .... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Sanjay Kumar For the State : Mr. Shandenu Kumar, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 02-05-2016 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in a case registered for offences punishable under Section 341, 323, 325, 427, 448, 379, 504/34 of the IPC.
As per allegation set out in the complaint case the petitioners assaulted and obstructed the passage which is meant for egress and ingress of the complainant and took out ornaments
Patna High Court Cr.Misc. No.17539 of 2016 (3) dt.02-05-2016 2/3 and other utensils form the house of the complainant. It is contended that on 7.10.2014 the petitioner no. 1, Umesh Singh, had lodged First Information Report against several members of the complainant family including his son and, thereafter, on 9 - 10 October 2014 the present complaint case was filed by way of counter blast. It is further contended that antecedent of all the petitioners is clean, though in the complaint case it is stated that the petitioner no. 1 is an accused in a murder case, without giving any case number etc.
Having regard to the facts and circumstances of the case, let the petitioners, namely Umesh Singh, Manju Devi, Dharmendra Kumar and Sona Devi be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Complaint Case No. 821/14, on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.
However, the court below would proceed to examine as to whether the antecedent of petitioner no. 1, Umesh Singh, is clean or not and whether he is involved in any case under
Patna High Court Cr.Misc. No.17539 of 2016 (3) dt.02-05-2016 3/3 section 302 of IPC etc. If it is found that his antecedent is not clean then it would take steps for cancellation of bail bond of the petitioner no. 1.
(Dr. Ravi Ranjan, J) Spd/- U T