Ram Dayal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19234 of 2019 Arising Out of PS. Case No.-727 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.
RAM DAYAL SINGH Son of Late Bansi Singh 2.
Rakesh Kumar Singh @ Rakesh Singh Son of Vidya Sagar Singh 3.
Pintu Singh Son of Ram Dayal Singh R 4.
Dilip Kumar Singh @ Dilip Singh Son of Ram Nandan Singh 5.
Vidya Sagar Singh Son of Late Bansi Singh R All are rsident of Village- Dighi Kala East, P.S.- Sadar Hajipur, DistrictVaishali. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar Roy For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-06-2019 Heard learned counsel for the parties.
The petitioners are apprehending their arrest in connection with Sadar Thana Hajipur P.S.case No.727 of 2018, registered for offences punishable under Sections 341, 323, 324, 325, 354, 379, 504/34 of the Indian Penal Code and Section 27 of the Arms Act..
Allegation against the petitioners is that they entered inside the house of the informant and the petitioner nos. 2, 3 and 4 grabbed her outside the house and when her younger son raised hulla and came to save her, petitioner no.3 assaulted
Patna High Court CR. MISC. No.19234 of 2019(4) dt.19-06-2019 2/3 on his head by spade due to which he sustained fracture injury and thereafter all the accused persons started assaulting by Rod and when she ran to save her son she was assaulted by the petitioner no.4 by Hasua causing injury at her hand. There is also allegation of snatching of golden chain and Rs.30,000/- and firing by petitioner no.2 but that did not hit anybody. Submission of the learned counsel for the petitioners is that both the informant and the petitioners are Patidar and there is case and counter case and though the injuries are found on the person of the injured but that is not on the vital part of the body and the allegation of outraging modesty is false and ornamental in nature.
Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground that they are still threatening the informant. . Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, let the petitioners surrender before the court below within a period of six weeks from the date of receipt of order and on surrender they will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two
Patna High Court CR. MISC. No.19234 of 2019(4) dt.19-06-2019 3/3 sureties of the like amount each to the satisfaction of the CJM, Vaishali at Hajipur in connection with Sadar Thana Hajipur P.S.Case No.727 of 2018 dated 7.12.2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid direction, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T