Jai Kant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18067 of 2020 Arising Out of PS. Case No.-19 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== JAI KANT SINGH S/o Jai Prakash Singh Resident of Village- Sherpur, P.S.- Chainpur, Distt- Kaimru (Bhabua) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Sunil For the Opposite Party/s :

Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 448, 323, 354, 379, 504, 506 of the Indian Penal Code and 37(1)(2) of Bihar Prohibition of Excise Amendment Act, 2018.

The prosecution case, in short, is that the accused persons in drunken state came to the house of the informant and tried to outrage the her modesty. Her husband came in rescue but was assaulted by the accused persons.

Patna High Court CR. MISC. No.18067 of 2020(2) dt.17-07-2020 2/3 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place between the parties. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional District & Sessions Judge -3rd -cum- Special Judge, Excise, Kaimur, Bhabua in connection with Chainpur P.S. Case No. 19 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.18067 of 2020(2) dt.17-07-2020 3/3 weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T