Bhullu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29030 of 2014 Arising Out of PS.Case No. -18 Year- 2013 Thana -GADHPURA District- BEGUSARAI ====================================================== Bhullu Singh, S/o Late Naresh Singh, resident of village- Kanausi, P.S.- Gadhpura, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh, Advocate For the Opposite Party/s : Mr. Parmanand Prasad(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehending his arrest in connection with Gadhpura P.S. Case No. 18 of 2013 registered for the offence under Sections 447, 341, 323, 504, 324, 307, 379/34 of the Indian Penal Code seeks privilege of pre arrest bail.

Allegedly, the husband of the informant came abusing that co-accused Bambam Singh and the petitioner had taken away Rs. 50,000/- and in the meantime petitioner and co-accused came and started abusing her husband and further co-accused Bambam Singh poured K-oil from burning lamp on her body, due to which she received burn injury. However, her husband threw water and save her life.

Submission at the bar for pre arrest bail is that against the petitioner there is no allegation of any overt act. The

Patna High Court Cr.Misc. No.29030 of 2014 (3) dt.08-01-2015 only allegation regarding abusing and whatsoever is against coaccused Bambam Singh and as such the petitioner deserves sympathetic consideration to which the learned APP opposes. In the facts and circumstances as stated above and noticing that against the petitioner there is no allegation of committing any overt act and as such in case of arrest or surrender before the court below within one month from the date of receipt/production of a copy of this order, the petitioner namely Bhullu Singh shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Gadhpura P.S. Case No. 18 of 2013 with condition as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J) P.K./- U T