Surendra Singh @ Surendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20263 of 2022 Arising Out of PS. Case No.-960 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== SURENDRA SINGH @ SURENDRA KUMAR SINGH SON OF LATE RAMAYAN SINGH RESIDENT OF MOHALLA-KURAICH MAHAVIR ASTHAN, WARD NO 5 STREET NO- 14 PS- SASARAM T DISTROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Sr. Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP For the Informant :

Mr.Rajanikant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2022 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 354, 379, 427, 448, 504, 506 and 34 of the Indian Penal Code.

The informant alleges that the accused persons, including the petitioner, entered her house and assaulted her husband and children causing injury on hand of her husband, further alleges that they damaged the motorcycle, mobile and snatched her earrings and petitioner and Shubham disrobed her

Patna High Court CR. MISC. No.20263 of 2022(2) dt.05-09-2022 2/3 with an intention to commit rape.

Learned senior counsel for the petitioner submits that petitioner has antecedent of one case, the petitioner and informant are neighbor and on account of dispute between womenfolk of both sides, the present F.I.R. came to be instituted falsely roping the male members of Indrakala Devi family, it is next submitted that even the allegation of assault is not specific rather the allegation is general and omnibus in nature. Learned counsel submits that no doubt injury was caused and one of the injuries on the husband of the informant is grievous but then that is on non-vital part of the body, it is thus submitted that since allegation of assault is not specific and allegation of repeated blow is also not there that also amply demonstrates that scuffle took took place on account of dispute between the womenfolk of both the sides.

Learned A.P.P. for the State and the learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner but are not able to meet the submission of the learned senior counsel for the petitioner that the allegation of assault is not specific rather the same is general and omnibus in nature. Considering the submissions made by the learned senior counsel for the petitioner, the petitioner above-named, in

Patna High Court CR. MISC. No.20263 of 2022(2) dt.05-09-2022 3/3 the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sasaram (T) P.S. Case No. 960 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T