Vikram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15627 of 2022 Arising Out of PS. Case No.-103 Year-2021 Thana- FESHAR District- Aurangabad ====================================================== 1.

Vikram Singh, Son Of Late Munarik Singh Resident Of Village- Bakhari, P.S.- Phesar, District- Aurangabad.

2.

Kamla Devi, Wife Of Late Munarik Singh Resident Of Village- Bakhari, P.S.- Phesar, District- Aurangabad.

3.

Lawkush Kumar, Son Of Late Munarik Singh Resident Of Village- Bakhari, P.S.- Phesar, District- Aurangabad.

4.

Golu Kumar, Son Of Basant Singh Resident Of Village- Bakhari, P.S.- Phesar, District- Aurangabad.

5.

Surbhi Devi, Wife Of Ravindra Singh Resident Of Village- Bakhari, P.S.- Phesar, District- Aurangabad.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sinha For the Opposite Party/s :

Mr. Satya Nand Shukla Mr. Aman Vishal Ms. Leelawati Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 379, 307 and 504 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioners nos.2 and 5 are women and the informant alleges that on 09.12.2021 at about 8.30 A.M., all the nine named accused

Patna High Court CR. MISC. No.15627 of 2022(3) dt.01-11-2022 2/3 persons including the petitioners came and on pretext of which assaulted her with lathi, danda, iron rod and fists causing injury on her abdomen and neck. Further, snatched her gold chain worth Rs.40,000/- and even assaulted her son, who came to save her.

The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is next submitted that the allegation of assault is general and omnibus in nature and the injury is also simple. It is next submitted that the date of occurrence is 09.12.2021 and the F.I.R. was instituted on 11.12.2021 i.e. after a delay of two days which amply demonstrates that by way of after thought, the petitioners came to be implicated.

The learned counsel for the informant and the learned A.P.P. opposes the bail application, but fairly submits that after perusing the case diary that the injuries suffered is simple in nature.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/-

Patna High Court CR. MISC. No.15627 of 2022(3) dt.01-11-2022 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Phesar P. S. Case No.103 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T