Patna High CourtCR. MISC./16438/2020allowed

Vishu Singh @ Vishu Pratap Singh @ Vishu Pratap v. The State Of Bihar

2022-01-27Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16438 of 2020 Arising Out of PS. Case No.-197 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.

VISHU SINGH @ VISHU PRATAP SINGH @ VISHU PRATAP S/o Om Prakash Singh Resident of Village- Harnathpur, P.O.- Harnathpur, P.S.- Rghunathpur, Distt- Siwan 2.

Asha Devi W/o Om Prakash Singh Resident of Village- Harnathpur, P.O.- Harnathpur, P.S.- Raghunathpur, Distt- Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-01-2022 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Raghunathpur P.S. Case No. 197 of 2019 registered for the offence punishable under sections 363, 366/34 of the Indian Penal Code and section 27 of the Arms Act. Learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case due to admitted land dispute and previous enmity between the parties. The present first information report has been lodged after thought after two days of the alleged occurrence without there being any plausible explanation

Patna High Court CR. MISC. No.16438 of 2020(5) dt.27-01-2022 2/2 for the delay. Moreover, the version given by the informant in the first information report and the version given by the victim in her statement under section 164 Cr.P.C are completely different. Petitioners have no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing personal bond to the satisfaction of Additional Chief Judicial Magistrate, VIII, Siwan in connection with Raghunathpur P.S. Case No. 197 of 2019 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T