Vidya Singh And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42326 of 2015 Arising Out of PS.Case No. -30 Year- 2014 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Vidya Singh, S/o Late Tukar Singh,

2. Rameshwar Singh @ Chirkut Singh @ Ram Keshwar Singh

3. Rajesh Singh,

4. Kamlesh Singh, Petitioner no. 2 to 4 are sons of Vidya Singh, resident of Village- Ladauli, P.S.- Sidhwaliya, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rajdeo Singh S/o Satya Narayan Singh, resident of Village- Ladauli, P.S.- Sidhwaliya, District- Gopalganj.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Pratap Singh, Advocate For the Opposite Party/s : Mr. Kr. Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 08-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in connection with Sidhwalia P.S. Case No. 30 of 2014 registered for the offences punishable under Sections 147, 148, 149, 323, 406, 420, 452 and 380 of the Indian Penal Code.

It is contended that the case was initially filed as a complaint which was referred to police 156(3) of the Code of Criminal Procedure for investigation pursuant to which the police case was registered and investigation was taken up.

Patna High Court Cr.Misc. No.42326 of 2015 (2) dt.08-10-2015 2 / 2 It is further contended that for an alleged occurrence which is said to have taken place between 15th January, 2012 and June 2012, the complaint was filed on 29th April, 2013. It is further contended that the entire allegations made in the complaint are patently false and no documentary evidence has been led by the informant to support the allegation that he had made any payment to the petitioners of the present case. Learned counsel for the State has opposed the prayer for bail.

Be that as it may, taking into consideration the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks in the court below, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Goaplganj in connection with Sidhwalia P.S. Case No. 30 of 2014 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T