Sudama Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52214 of 2014 Arising Out of PS.Case No. -5 Year- 2014 Thana -NARARI KALA KHURD DistrictAURANGABAD ======================================================

1. Sudama Singh S/o Late Ramesh Singh

2. Krishna Singh S/o Late Ramesh Singh, Both are resident of village - Jamalpur, P.S. - Narari Kala Khurd, District- Aurangabad. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Ram Sumiran Rai(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-04-2015 The petitioners are apprehending their arrest in connection with Narari Kala Khurd P.S. Case No. 5 of 2014 instituted for the offences punishable under Sections 307, 379, 504, 323, 341, 147, 148 and 149 of the Indian Penal Code. Heard learned counsel for the petitioners and the State.

The prosecution story, in brief, as alleged by the informant is that on 05.02.2014 at 4 P.M. his brother Ramashray Singh along with other co-villagers were going to immerse the idol of Saraswati. It is further alleged that when the procession reached near the gali of the house of Sudama Singh (petitioner), some quarrel took place and these two

petitioners assaulted Ramashray Singh causing injuries on the head and other parts of the body.

On behalf of the petitioners, it has been submitted that there is a case and counter case. The attention has been drawn towards Annexure-2 which is the counter case instituted on behalf of the petitioners' side. It has further been submitted that on the eve of Saraswati idol immersion, due to certain quarrel between the parties, the present case has been instituted against the petitioners. It has further been stated that the petitioners and others have also sustained injuries in course of the occurrence in respect to which the injury report has been filed as Annexure-3 to the present application. On behalf of the State, it has been submitted that the petitioners are named in the First Information Report and specific allegations have been made against them.

Considering the facts and circumstances of the case, the above named petitioners are directed to be enlarged on anticipatory bail in the event of their arrest or surrender in the court below within four weeks, on furnishing bail bonds of Rs.

P.S. Case No. 5 of 2014, subject to the conditions, as laid down under Section 438(2) Cr.P.C.

(Sudhir Singh, J.) Sanjay/- U T