Kailash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19498 of 2019 Arising Out of PS. Case No.-910 Year-2017 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Kailash Singh, Son of Chandra Singh Resident of Village - Kaswa, P.S.- Tarapur, District - Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunil Kumar Singh, Son of Late Suresh Prasad Singh, Resident of Village - Manikpur, P.S.- Tarapur, District - Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surya Narayan Sah For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a complaint case filed with accusation under Sections 147, 323 and 379 of the IPC, wherein process has been directed to be issued after cognizance being taken.

The prosecution case is that the petitioner, Kailash Singh and co-accused Bablu got their cattle entered into the paddy filed of the informant with intention to destroy the paddy crop of the informant and when the informant made protest, then all

Patna High Court CR. MISC. No.19498 of 2019(2) dt.02-04-2019 2/3 the accused persons including the petitioner abused and assaulted the informant. It is specifically alleged against the petitioner that he took away Rs. 1200/- from the pocket of the informant.

It is submitted by learned counsel for the petitioner that the accusation has been levelled against the petitioner in the background of litigated relationship between the parties, as the wife of the petitioner filed Tarapur P.S. Case No. 109 of 2017 at earlier point of time and thereafter, the present complaint has maliciously been filed. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that accusation against the petitioner is specific.

Considering the nature of accusation and case being lodged by the petitioner's side at earlier point of time, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount

Patna High Court CR. MISC. No.19498 of 2019(2) dt.02-04-2019 3/3 each to the satisfaction of learned ACJM-IV, Munger in connection with Complaint Case No. 910C of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T