Kukku Singh @ Kapil Deo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35711 of 2021 Arising Out of PS. Case No.-18 Year-2021 Thana- RUPAULI District- Purnia ====================================================== 1.

Kukku Singh @ Kapil Deo Singh, aged about 35 years, Gender-Male, Son of Janaradan Singh @ Bucho Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

2.

Siro Kr. Singh @ Siro Singh, aged about 28 years, Gender-Male, Son of Janardan Singh @ Bucho Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

3.

Bucho Singh @ Janardan Singh, aged about 65 years, Gender-Male, Son of Late Khusar Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

4.

Sawan Kumar @ Sawan Kumar Singh, aged about 18 years, Gender-Male, Son of Late Pappu Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

5.

Manohar Prasad Singh, aged about 50 years, Gender-Male, Son of Late Raj Kishore Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

6.

Murlidhar Singh, aged about 55 years, Gender-Male, Son of Late Raj Kishore Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

7.

Subham Kr. @ Sonu Kumar, aged 29 years, Gender-Male, Son of Manohar Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

8.

Sundar Kumar @ Jadeza, aged about 25 years, Gender-Male, Son of Manohar Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

9.

Dinabandhu Kumar, aged about 21 years, Gender-Male, Son of Murlidhar Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

10.

Ankesh Kr. Singh @ Ankesh Singh, aged about 35 years, Gender-Male, Son of Arvind Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

11.

Nilesh Kumar Singh @ Nilesh Kumar Yadav, Son of Arvind Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea. 12.

Malayam Kumar Singh @ Mulayam Singh Yadav, aged about 28 years, Gender-Male, Son of Arvindd Singh Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

13.

Mithu Kumar Singh, aged about 27 years, Gender-Male, Son of Chandan Prasad Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

14.

Shanti Devi, aged about 62 years, Gender-Male, Wife of Janardan Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), DistrictPurnea.

2/4 15.

Rupa Devi, aged about 32 years, Gender-Female, Wife of Kapildeo Singh @ Kukku Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

16.

Manisha Kumari, aged about 27 years, Gender-Female, Wife of Laleshwar Kumar Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

17.

Nikki Devi @ Nikki Kumari, aged about 26 years, Gender-Female, Wife of Siro Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

18.

Ranju Devi, aged about 40 years, Gender-Female, Wife of Late Pappu Singh, Resident of Village- Laxmipur, P.S.- Rupauli (Akbarpur O.P.), District- Purnea.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in connection with Rupauli (Akbarpur) P.S. Case No. 18 of 2021, registered for the offence under Sections 147, 148, 341, 323, 379, 307, 504 and 506 of the I.P.C.

The prosecution story, in brief, is that on 17.01.2021 at 10.00 A.M., all the F.I.R. named accused persons reached at

3/4 the alleged place of occurrence and started abusing and assaulted the informant and his family members and destroyed the pillar and Tati and took away 50 bags of Haldi and 4 Hegoats. Mulayam Singh (petitioner no. 12) assaulted with brick on the chest of the sister-in-law (Bhabho) of the informant. Shanti Devi (petitioner no. 14), Rupa Devi (petitioner no. 15), Manisha Kumari (petitioner no. 16), Nikki Devi (petitioner no.

17) and Ranju Devi (petitioner no. 18) entered into the courtyard of the informant and started assaulting to the wife, sister-in-law (Bhabho) and daughter-in-law of the informant. It is further alleged that the chain and ear-ring of the informant's wife and daughter-in-law was snatched and taken away by the accused persons.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. There is land dispute between the parties. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury

4/4 on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Purnea, in connection with Rupauli (Akbarpur) P.S. Case No. 18 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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