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Patna High CourtCR. MISC./27284/2016bail granted

Rameshwar Singh And ORS v. The State Of Bihar

2016-09-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27284 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Rameshwar Singh, son of late Dev Charan Mahto

2. Anil Singh, son of Rameshwar Singh

3. Arun Singh, son of Rameshwar Singh

4. Manoj Singh, @ Manoj Kumar Singh, son, of Rameshwar Singh

5. Shiv Kumari Devi, wife of Rameshwar Singh, all residents of Gram Khajaon, P.S. Baddi O.P., district Rohtas .... Petitioners

Versus

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

For the Petitioners : Mr. Sunil Kumar Singh No-10, Adv. For the Opposite Party : Mr. Nirmal Kumar Sinha, APP 199 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-09-2016 Heard both the parties.

The petitioners apprehend their arrest in Shiv Sagar (Baddi O.P.) P.S. Case No. 66 of 2016 for offence under Section 307 and other allied Sections of the Indian Penal Code. The informant, Om Prakash Singh, alleged that his co-sharers, Anil Singh, Arun Singh, Manoj Singh, Rameshwar Singh, Shiv Kumari Devi were constructing house on a land. The informant objected that without partition of land there should be no construction, but, the accused persons assaulted the informant. When Shashi Kant, nephew of the informant, came, Anil Singh assaulted with lathi on head. When Ram Nivas Singh, his uncle, Jaleshwar Singh, came to pacify the matter, accused persons also assaulted them and snatched rupees one thousand and one gold chain of the informant. It is submitted that there is counter version, being Shiv Sagar (Baddi O.P.) P.S. Case No. 67 of 2016 and Rameshwar Singh, petitioner no. 1, is the informant in the case.

Patna High Court Cr.Misc. No.27284 of 2016 (3) dt.01-09-2013 There is land dispute. From the side of the petitioners two persons got grievous injuries, but, from the side of the informant, Om Prakash Singh, all the injuries found are simple in nature.

Considering the fact that there is case and counter case, the informant and others, from each side, got simple injuries, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, 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 in connection with the Shiv Sagar (Baddi O.P.) P.S. Case No. 66 of 2016 to the satisfaction of the Chief Judicial Magistrate, VI, Rohtas at Sasaram, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Prabhat Kumar Jha, J) SA/- U √ T √