Pintu Singh @ Sandeep Suman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 18917 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- Kharagpur District- Munger ====================================================== 1.
Pintu Singh @ Sandeep Suman Son of Arvind Singh @ Mahendra Singh Resident of Village - Bari Mudheri, P.S. - H. Kharagpur, District - Munger 2.
Rishal Singh @ Rishal Kumar Son of Arjun Singh Resident of Village - Bari Mudheri, P.S. - H. Kharagpur, District - Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ambrish Kr Jha, Adv.
For the Opposite Party/s :
Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with Kharagpur PS Case No. 200 of 2024 dated 14-06-2024, instituted under Sections 341,323, 325, 354(kha), 504, 427, 379 and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 01.06.2024, the petitioners Pintu Singh and Rishal Singh, along with co-accused Mahindra Singh, Gautam Singh, and others, came to the house of the informant, Rinku Kumari, and abused and assaulted her father and family members. This led to the lodging of Kharagpur P.S. Case No. 183/2024. Subsequently, on
2/4 04.06.2024, the same accused persons, armed with iron rods and a country-made pistol, forcefully entered into the informant's house. Infuriated by the lodging of the F.I.R. by the informant's father, the accused persons misbehaved with the informant. When she protested, co-accused Sintu Singh assaulted her on the thigh with an iron rod and further hit her with an iron katta on her left wrist, resulting in bleeding that started oozing out from her wrist. The accused persons then allegedly beat her severely, attempted to disrobe her, and destroyed household items including an almirah, laptop, scooty, and motor of her house. They also allegedly stole cash of Rs. 2 lakhs and gold ornaments worth Rs. 5 lakhs, and threatened to kill the informant and her father. The accused persons fled away when local residents gathered, and the informant was taken for medical treatment by the police.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case due to previous enmity between the parties, which is apparent from a bare perusal of the First Information Report (FIR). It is further submitted that there is no specific allegation against the petitioners; rather, the specific allegations have been levelled against co-accused Sintu Singh, who is
3/4 alleged to have assaulted the informant with an iron rod on her left thigh and wrist. The learned counsel refers to the injury report of the informant, annexed as Annexure-3 to the present bail petition, which reflects that the informant complained of pain in her leg and hand. However, no fracture or grievous injury was found on her person. It is also submitted that there is an unexplained delay of ten days in lodging the FIR, and no plausible explanation has been given for the same, which could casts serious doubt on the genuineness of the prosecution case. Lastly, it is submitted that petitioner no.1 has six other criminal cases pending against him, while petitioner no.2 has three criminal cases pending against him.
5. Learned APP has opposed the prayer for bail. 6.Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM -IV, Munger, in Kharagpur PS Case No. 200 of 2024,subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023, and further (i)
4/4 that the petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below, (ii) that one of the bailors will be their own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are made accused in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail, and (v) that the petitioners will appear before the SHO of concerned PS every fortnightly to mark their attendance till conclusion of the trial.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U