Shiv Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15381 of 2020 Arising Out of PS. Case No.-717 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.
SHIV KUMAR SINGH Son of Late Moti Lal Singh 2.
Jeetu Kumar Son of Mr. Ram Naresh Singh 3.
Bijendra Singh Son of Mr. Shiv Kumar Singh 4.
Sikendar Singh Son of Mr. Shiv Kumar Singh 5.
Chanamuni Devi Wife of Mr. Ram Naresh Singh 6.
Guriya Kumari D/O- Mr. Ram Naresh Singh 7.
Mentosh Singh @ Mantosh Singh Son of Mr. Ram Naresh Singh All Resident of Village - Talwan Bigha, P.S.- Dehri (Town), District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Siddharth Harsh, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar, APP For the Informant : Mr. Surendra Kumar Mishra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-10-2020 Heard both sides through Video Conferencing.
The petitioners apprehend their arrest in Dehri(Town) P.S. Case No.717 of 2019 registered under Sections 147, 149, 307, 323, 337, 341 and 504 of the Indian Penal Code. The informant, Keshwar Singh named altogether eight persons including the seven petitioners and alleged that while he was in his house, all the accused persons came. Santosh Singh assaulted with a weapon Khatpaduri on his head and he fell down on the ground. Other accused persons assaulted him with lathi, danda and bricks. When the informant was crying, his son
Patna High Court CR. MISC. No.15381 of 2020(3) dt.13-10-2020 2/3 Ravi Kumar came to save him. Shiv Kumar Singh(petitioner No.1) and Mentosh Singh @ Mantosh Singh(petitioner No.7) are alleged to have assaulted Ravi Kumar.
The learned counsel for the petitioners submits that Keshwar Singh(the informant) got injury on his head and he was treated in Narayana Medical College and Hospital, Sasaram. His son was referred to Trauma Centre, Varanasi. There is no specific allegation against petitioner Nos.2 to 6. Santosh Singh assaulted Keshwar Singh but he is not the petitioner in this case. Mr. Surendra Kumar Mishra, learned counsel for the informant could not be able to show any injury on other parts of Keshwar Singh or his son, Ravi Kumar. The injuries were found on the head of Keshwar Singh and Ravi Kumar, the son of Keshwar Singh.
Having regard to the facts aforesaid and the fact that no specific allegation is made against petitioner No.2, namely, Jeetu Kumar, petitioner No.3, namely, Bijendra Singh, petitioner No.4, namely, Sikendar Singh, petitioner No.5, namely, Chanamuni Devi and petitioner No.6, namely, Guriya Kumari and accordingly, they are directed in the event of their arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with
Patna High Court CR. MISC. No.15381 of 2020(3) dt.13-10-2020 3/3 two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dehri, Rohtas in connection with Dehri(Town) P.S. Case No.717 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
So far as the case of petitioner No.1, namely, Shiv Kumar Singh and petitioner No.7, namely, Mentosh Singh @ Mantosh Singh is concerned, they are alleged to have assaulted the son of the informant with iron rod and bricks and the son of the informant got injuries on head and he is under treatment in Trauma Centre, Varanasi.
Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner No.1, namely, Shiv Kumar Singh and petitioner No.7, namely, Mentosh Singh @ Mantosh Singh on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Saurabh/- U T