Murari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13512 of 2020 Arising Out of PS. Case No.-36 Year-2015 Thana- KALYANPUR District- East Champaran ====================================================== 1.

MURARI SINGH Son of Rameshwar Singh Resident of Village - Khokhara, P.S.- Kalayanpur, District- East Champaran, Motihar 2.

Shivam Kumar @ Bholu @ Bhola Son of Chandeshwar Singh Resident of Village - Khokhara, P.S.- Kalayanpur, District- East Champaran, Motihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 448, 342, 379, 427, 504 and 506 of the Indian Penal Code.

Prosecution case in short is that on the alleged date of occurrence, the informant and his wife had gone to Janta Darbar before S.P. The informant's daughter-in-law was alone in her

Patna High Court CR. MISC. No.13512 of 2020(3) dt.24-06-2020 2/3 house. It is alleged that the accused persons entered the informant's house and started damaging the Tanti of back side of the house. A scuffle is said to have taken place between the parties. It is also alleged that ornaments of the informant were stolen away It has been submitted on behalf of the petitioners that the petitioner No. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. Due to village politics, the present case has been instituted against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Kalyanpur P.S. Case No. 36 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.13512 of 2020(3) dt.24-06-2020 3/3 Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U