Babloo Singh @ Babloo Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27773 of 2024 Arising Out of PS. Case No.-122 Year-2023 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== 1.
Babloo Singh @ Babloo Kumar S/O Late Ashok Singh R/O Village Mohanpur PS Karakat, Distt. - Rohtas 2.
Ajay Singh @ Ajay Kumar S/O Late Ashok Singh R/O Village Mohanpur PS Karakat, Distt. - Rohtas 3.
Bandhu Singh @ Bandhu Kumar Singh S/O Late Jawala Singh R/O Village Silkanth PS Suryapura, Distt. - Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Ram Ekbal Singh S/O Late Kabilash Singh R/O Village Mohanpur PS Karakat, Distt. - Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Alka Singh, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2024 Heard Ms. Alka Singh, learned counsel appearing on behalf of the petitioners and Mr. Nand Kishore Prasad, learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in connection with Complaint Case No.122 of 2023 registered under Sections 341, 323, 354 and 34 of the Indian Penal Code.
3. As per the allegation made on all the accused persons named therein, including the present petitioners, had slapped the grand-daughter of the informant and had snatched gold chain, as well as, demanded ransom of Rs.20,000/-.
Patna High Court CR. MISC. No.27773 of 2024(2) dt.15-05-2024 2/3
4. Ms. Alka Singh, learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and no such incident has taken place. The petitioners have been dragged in the present case due to previous enmity, as mother of the petitioner nos.1 and 2 had lodged FIR against the son of O.P. No.2. The present FIR is a counter-blast of the previous case. On these grounds, the petitioners seek to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submission made on behalf of the parties, as well as, the fact that the petitioners and the informant are agnates and due to ongoing partition dispute between the parties, the present case has been filed as a counter blast case of the case filed by the mother of the petitioner nos.1 and 2. I find that the parties are engaged in family dispute. The allegation, prima facie, appears to be unsustainable, the petitioners are directed to be released on bail.
7. The District Court is directed to release the petitioners on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the
Patna High Court CR. MISC. No.27773 of 2024(2) dt.15-05-2024 3/3 satisfaction of learned Additional Chief Judicial Magistrate - Ist, Bikramganj, Rohtas in connection with Complaint Case No.122 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The District Court is directed to verify the criminal antecedent of the petitioners, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners, as what has been stated in paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J.) Ashishsingh/- U T