Ashok Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34107 of 2015 Arising Out of PS.Case No. -191 Year- 2014 Thana -SALIMPUR District- PATNA ======================================================

1. Ashok Singh S/o Satto Singh

2. Chandan Singh S/o Awadhesh Singh

3. Nawal Kishore Singh @ Nawal Singh S/o Satto Singh

4. Raja Singh @ Raja Kumar Singh S/o Nawal Singh

5. Masudan Singh S/o Late Parikshan Singh All resident of village - Rupash Mahaji, Bari Tola, P.S. Salimpur, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajanan Mishra, Advocate For the Opposite Party/s : Mr. Smt. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-08-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 504/34 of the Indian Penal Code.

It is alleged that the accused persons were taking straw on the land of the informant. On protest being made, the informant was assaulted. When the informant's wife came to rescue, then she was assaulted by Suresh Singh and petitioners Nawal Kishore Singh @ Nawal Singh, Raja Singh @ Raja Kumar Singh and Masudan Singh.

Patna High Court Cr.Misc. No.34107 of 2015 (2) dt.24-08-2015 It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general. There is counter version of the occurrence and petitioners' side have also received injuries. It is submitted that the injury of the informant's wife has been found to be grievous, which is attributed to Suresh Singh (non-petitioner), petitioner no. 3 namely Nawal Kishore Singh @ Nawal Singh, petitioner no. 4 namely Raja Singh @ Raja Kumar and petitioner no. 5 namely Masudan Singh.

Let the learned court below consider the prayer for regular bail of the above named petitioner nos. 3 to 5, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Salimpur P.S. Case No. 191 of 2014, pending in the court of learned Sri Ashuthosh Kumar, J.M., Ist Class, Patna.

So far as petitioner nos. 1 namely Ashok Singh and petitioner no. 2 namely Chandan Singh are concerned, they are not alleged to have assaulted the wife of the informant, let the above named petitioner nos. 1 and 2 be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sri Ashuthosh Kumar, Judicial Magistrate, Ist Class, Barh, Patna in connection with Salimpur P.S. Case No. 191 of 2014, subject

Patna High Court Cr.Misc. No.34107 of 2015 (2) dt.24-08-2015 to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T