Kamlesh Singh And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43495 of 2014 Arising Out of PS.Case No. -35 Year- 2014 Thana -GOPALPUR District- WEST CHAMPARAN(BETTIAH) ======================================================

1. Kamlesh Singh, Son of Ocier Singh

2. Jhunu Singh, son of Late Mahendra Singh

3. Rajesh Singh, son of Ocier Singh All are Resident of Village - Sargatiya, P.S. Gopalpur, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhagya Narayan Jha, Advocate For the Opposite Party/s : Mr. G.S.Gupta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-03-2015 Heard learned counsel for the petitioners and the learned counsel for the State.

The petitioners are apprehending their arrest in connection with Gopalpur P.S. Case No.35 of 2014 for allegedly having committed the offences under Sections 341, 323, 324, 307 and 504/34 of the Indian Penal Code.

The allegation against these petitioners is that while the informant Jhun Jhun Singh was coming back on his motorcycle, the petitioners, who were coming on a tractor, almost dashed against him. When the informant protested, the three petitioners surrounded and attacked him.

Patna High Court Cr.Misc. No.43495 of 2014 (2) dt.20-03-2015 2/2 Learned counsel for the petitioners submits that on account of the occurrence, the petitioners have also lodged a case against the informant, bearing Gopalpur P.S. Case No.41 of 2014. He further submits that the parties have now compromised the matter and, further, that the incident was not such as to cause loss to life and there was no intention so as to attract the provisions of Section 307 of the Indian Penal Code. Considering the aforementioned submissions and also the fact that there is case and counter case, let all the three above named petitioners, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, in connection with Gopalpur P.S. Case No.35 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T