Sudeep Singh @ Tinku @ Tinku Singh And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.35724 of 2015 (2) dt.21-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35724 of 2015 Arising Out of PS.Case No. -1935 Year- 2014 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Sudeep Singh @ Tinku @ Tinku Singh Son of late Subhash Chandra Singh

2. Sumant Singh @ Rinku Singh, Son of Late Subhash Chandra Singh

3. Sandeep Parashar S/o- Sanjay Kumar Singh

4. Saket Kumar Singh @ Sonu Singh @ Saket Parashar, S/o- Sanjay Kumar Singh

5. Amresh Kumar, Son of Jawahar Singh All abore are residents of villageRahua Mani, P.S.- Bangaon, District- Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar null null

2. Shambhu Singh, Son of Late Kameshwar Singh, resident of villageRahua Mani, P.S.- Vangaon, District- Saharsa .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash, Adv. For the Opposite Party/s : Mr. Subhash Chandra Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-08-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341,323, 384/34 of the Indian Penal Code.

The prosecution case is that the informant being Rural Postal Distributor was surrounded by the accused persons and they demanded extortion of Rs. 50,000/-. Petitioner no. 2 snatched Rs.

Patna High Court Cr.Misc. No.35724 of 2015 (2) dt.21-08-2015 8000/- from his pocket and petitioner no. 1 snatched his wrist watch. Petitioner no. 3 threw postal papers petitioner no. 4 snatched his mobile whereas petitioner no. 5 snatched muflar. It is submitted on behalf of the petitioners that they have been falsely implicated in the present case. The motive for filing present case is that there was enmity between the petitioners and the complainant as Petitioner no. 5 lodged FIR bearing Bangaon P.S. Case No. 93 of 2014 against the complainant at earlier point of time. Moreover, a title suit being Title Suit No. 154 is also pending between the parties.

Considering the accusation in the background of litigated relationship between the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa in connection with Complaint Case No. 1935 of 2014 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Prakash/- U T