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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34261 of 2021 Arising Out of PS. Case No.-532 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.

KAMLESH SINGH @ KAMLESH KUMAR SINGH Son of Lallu Singh Resident of Village - Pandeypur, P.S.- Dehri Town (Indrapuri O.p.), District - Rohtas.

2.

RAVI KUMAR Son of Kanhaiya Singh Resident of Village - Pandeypur, P.S.- Dehri Town (Indrapuri O.p.), District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 379, 354, 504, 506/34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons including the petitioners entered into the house of the informant and assaulted his wife and the informant due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.34261 of 2021(2) dt.11-04-2022 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is allegation of assault alleged against the petitioners but there is no medical report to show that whether the nature of injury is simple or grievous. In absence of such evidence, at best, it is a case for offence under Section 323 IPC. The offences are triable by the Magistrate. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Dehri-on-Sone, Rohtas in connection with Dehri Town (Indrapuri O.P.) P.S. Case No. 532 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T