Amod Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.47134 of 2015 (2) dt.16-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47134 of 2015 Arising Out of PS.Case No. -113 Year- 2015 Thana -DHURAIYA District- BANKA ====================================================== AMOD KUMAR SINGH, SON OF SHIV NARAYAN SINGH, RESIDENT OF KUSHMI, P.S. DHORAIYA, DISTRICT- BANKA. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dhoraiya P.S. Case No. 113 of 2015 registered under Section 147, 148, 341, 323, 308, 379 and 504 of the Indian Penal Code. The accusation is that petitioner and eleven others along with unknown labourers reached at the land of the informant, Rama Devi, and started construction work. When Phool Kumari Devi, sister-in-law (Gotni) of the informant, made protest then she was abused and assaulted with rod by this petitioner. At that time, co-accused, Mirtunjay Singh, snatched her gold chain. Learned counsel for the petitioner submits that, in fact, piece of the land was found in possession of the father of the

Patna High Court Cr.Misc. No.47134 of 2015 (2) dt.16-10-2015 petitioner by the Circle Officer in Miscellaneous Case No. 1 of 2014-15 filed by one Sagun Singh against the father of the petitioner and informant wants to capture the said land due to that reason only hot talk was exchanged but due to ulterior motive this false case has been lodged against the petitioner. Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Dhoraiya P.S. Case No. 113 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T