Pawan Kumar @ Bikash Kumar @ Vikash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20526 of 2019 Arising Out of PS. Case No.-237 Year-2018 Thana- DINARA District- Rohtas ====================================================== Pawan Kumar @ Bikash Kumar @ Vikash Singh, Son of Shree Hare Ram Singh, Resident of Village- Gunsej, P.S.- Dinara, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar Shrivastava For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 11.01.2019 in a case registered for the offences punishable under Sections 341, 342, 354B, 323 and 120B of the Indian Penal Code.
The prosecution case got initiated with the written report of Shivjee Singh submitted to the Station House Officer of Dinara Police Station is to the effect that on 04.07.2018, the grand daughter and daughter of the informant, Soni Devi and Bimal Devi had gone to Dinara market to purchase medicine and grand daughter of the informant, Soni Devi went to Shiv Shakti Medical to take medicine, in the meantime, the petitioner Pawan Kumar along with co-accused Dharmendra Kumar Singh
Patna High Court CR. MISC. No.20526 of 2019(2) dt.03-04-2019 2/3 and Chandan Kumar Singh caught hold of the hand of Soni Devi and locked her in the bathroom. The grand daughter of the informant informed the informant's son on mobile phone thereafter, the son of the informant went there and found Soni Devi being locked in the bathroom. Thereafter, the medical shopkeepers namely Ranjan Kumar and Rakesh Kumar provided key of bathroom and thereafter Soni Devi came out of the bathroom. Thereafter, the petitioner and others fled away from the place of occurrence.
It is submitted by learned counsel for the petitioner that the petitioner is the agnate of the informant and in the background of litigated relationship and pending Title Suit No. 05 of 2016 as well as Dinara P.S. Case No. 234 of 2013 filed by the petitioner at earlier point of time, the accusation has been filed against the petitioner. It is further submitted that from the time of her confinement till her release, no information was given to the police which suggests that frivolous accusation has been levelled. Though, the petitioner is accused in one another case in which he is on bail and similarly situated co-accused Dharmendra Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 25.03.2019 passed in Cr. Misc. No. 16949 of 2019.
Patna High Court CR. MISC. No.20526 of 2019(2) dt.03-04-2019 3/3 Learned APP submits that the thrust of accusation is against the petitioner also and he is named in the FIR. Considering the accusation being levelled in the background of litigated relationship and property dispute coupled with the fact that the co-accused has been granted bail, by a co-ordinate Bench of this Court, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Dinara P.S. Case No. 237 of 2018.
(Dinesh Kumar Singh, J) DKS/- U T