Patna High CourtCR. MISC./21495/2017bail granted

Deepak Singh @ Dipu Singh And ORS v. The State Of Bihar

2017-07-06Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21495 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -KATRA District- MUZAFFARPUR ======================================================

1. Deepak Singh @ Dipu Singh, son of Late Gobind Singh,

2. Juganoo Singh, son of Late Shambhu Singh,

3. Rinku Singh, son of Late Shambhu Singh,

4. Pappu Singh @ Azit Kumar, son of Late Lalan Singh, null

5. Rajeev Kumar Singh @ Rajeev Kumar, son of Umashankar Singh @ Bijali Singh,

6. Rakesh Singh @ Rakesh Kumar, son of Late Hari Singh,

7. Umashankar Singh @ Bijali Singh @ Umashankar Prasad Singh, son of Late Kedar Singh, All are resident of Village- Dhanaru, Tehai Tola, P.S.- Katra, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shishir Kumar For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Katra P.S.Case No. 19 of 2017 registered under Sections 353, 216, 506, 323 and 120-B/34 of the Indian Penal Code. It is contended by the learned counsel for the petitioners that the accused persons, namely, Kapil Kumar @ Guljari, Mausam Kumar and Kundan Kumar are not family members of the petitioners. The allegation leveled against the petitioners by the police has got no legs to stand as there was no proof that the aforementioned accused persons had taken shelter in

Patna High Court Cr.Misc. No.21495 of 2017 (3) dt.06-07-2017 2/2 the house of the petitioners. The real fact is that in the said house of the petitioners, shradh ceremony of father of petitioner no.1, who died on 17.02.2017, was going on. It is further submitted that the petitioners have got roots in the society and they are not likely to flee from justice.

Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioners. Considering the nature of allegation and the submissions made before the Court, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Katra P.S.Case No. 19 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of their arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J) Pradeep/- U T