Hari Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65667 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -AAYAR District- BHOJPUR ======================================================

1. Hari Kishore Singh S/o late Theghu Singh Resident of Village- Bhorari, P.S. Aayar, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar, Advocate. For the Opposite Party/s : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Aayar P.S. Case No. 04 of 2018 instituted for the offence under Sections 147, 149, 341, 323, 302 and 504 of the Indian Penal Code.

It is alleged in the written report that on 30.01.2018 at about 1:45 p.m. while the husband of the informant had gone to the field for irrigation, her agnates namely, Hari Kishore Singh, Sri Bhagwan Singh, Dadan Singh, Deepak Singh, Reeta Devi and Rinki Devi came to the door of the informant armed with lathi, danda in their hands and started abusing the father-in-law of the informant namely Radha Krishna Singh @ Digri Singh. It is further alleged that Deepak Singh, Hari Kishore Singh (petitioner) and Dadan Singh put down father-in-law of the informant on the ground. All four male members including petitioner assaulted father-in-law of the informant,

Patna High Court Cr.Misc. No.65667 of 2018 (2) dt.05-11-2018 2/2 on account of which, he succumbed to the injuries. Counsel for the petitioner submits that Dadan Yadav @ Dadan Singh with similar allegation has already been granted bail by coordinate Bench of this Court vide order dated 10.07.2018 passed in Cr. Misc. 27324 of 2018. In the aforesaid order it is mentioned that wife of the deceased had given statement stating that head injury was caused to the deceased by one Sri Bhagwan Singh. It is also mentioned in the aforesaid order that one ante-mortem injury was found on the head of the deceased.

It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 6th Additional Sessions Judge, Bhojpur, Ara, in connection with Aayar P.S. Case No. 04 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T