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Patna High CourtCR. MISC./26966/2015disposed

Bhagwat Singh @ Bhagwan Singh @ Bhgwat Singh And ORS. v. The State Of Bihar

2015-07-21Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26966 of 2015 Arising Out of PS.Case No. -118 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ======================================================

1. Bhagwat Singh @ Bhagwan Singh @ Bhgwat Singh S/o Late Rupnarayan Singh

2. Panna Devi @ Pana Devi W/o Ram Awadh Singh Both are resident of village - Chapathi, P.S. Dhansoi, District - Buxar

3. Chinta Kumari W/o Ravi Ranjan, resident of village - Oarap Khurd, P.S. Sikraul, District - Buxar.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arun Kumar Gupta For the Opposite Party/s : Mr. Navin Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2015 The petitioners are apprehending their arrest in connection with Buxar (M) P.S. Case No. 118 of 2015 for the offences instituted under Sections 147, 341, 323, 307, 384, 385, 379 and 504 of the Indian Penal Code.

Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that the accused persons came at the door of the informant and threatened to leave her house and also demanded Rs. 5,00,000/- as extortion . Again on 7.5.2015, the accused persons as well as 7-8 unknown persons entered into the house of the informant having lathi, danda, iron

Patna High Court Cr.Misc. No.26966 of 2015 (2) dt.21-07-2015 2/3 rod and country made katta and on instigation of petitioner no. 1, Raviranjan and petitioner no. 2 assaulted the informant by iron rod and bricks and took away Rs. 20,000/- of the informant. It has been submitted on behalf of the petitioners that no specific application has been made against petitioner nos. 1 and 3 rather there is a specific allegation against petitioner no. 2 for assaulting the informant by iron rod and bricks. On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to petitioner no. 2. Accordingly, her prayer for bail is rejected.

If anyhow petitioner no. 2 will surrender before the court below within a period of four weeks from today, the court below shall consider her case on its own merit without being prejudiced by this order and if possible, the same will be disposed of on the same day.

As far as petitioner nos. 1 and 3 are concerned, there is no specific allegation against them, let above named petitioner nos. 1 and 3, be released on bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Buxar (M) P.S. Case No. 118 of 2015 on

Patna High Court Cr.Misc. No.26966 of 2015 (2) dt.21-07-2015 3/3 furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Mahesh/- U T