Shivnath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16173 of 2022 Arising Out of PS. Case No.-91 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Shivnath Singh Son of Late Sakal Singh Resident of village - Chakfateh, P.S.- Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Bela Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Mahua P.S. Case No. 91 of 2021, registered for the offences punishable under Sections 354(B), 379 and other allied sections of the Indian Penal Code.

As per the FIR, this petitioner along with co-accused Rahul Kumar assaulted the wife and daughter-in-law of the informant and also disrobed them.

It is submitted that petitioner has been falsely implicated in this case due to land dispute. No such occurrence as alleged in the FIR has taken place. There is case and counter case. Present case is counter version of Mahua PS Case No. 92 of 2021 which was lodged by the mother of petitioner against

Patna High Court CR. MISC. No.16173 of 2022(2) dt.25-08-2022 2/2 informant and his family members. There is inordinate delay of seven days in lodging of the present FIR for which there is no plausible explanation.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali in connection with Mahua P.S. Case No. 91 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T