Kamla Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3624 of 2018 Arising Out of PS.Case No. -227 Year- 2017 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================

1. Kamla Singh son of Late Radha Singh

2. Jhunna Singh

3. Munna Singh

4. Lal Babu Kumar All sons of Kamla Singh All resident of village Girdharpur, P.S. Karagahar District Rohtas at Sasaram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Karagahar P.S.Case No.227 of 2017 , registered for offences punishable under Sections 341, 323, 354, 307 & 506/34 of the Indian Penal Code.

Allegation of assault is against the petitioners and coaccused Jhuna Singh by the 'But' portion of the Rifle and there is also a case under Section 354 of the IPC.

Submission of the learned counsel for the petitioners is that the FIR does not show the case under Section 354 of the IPC and so far allegation under Section 307 of the IPC is concerned, the injuries are simple in nature and the FIR itself shows that the

Patna High Court Cr.Misc. No.3624 of 2018 (2) dt.01-02-2018 2/2 injuries have been received by the 'But' portion of the Rifle. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of Oder, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Sri S.K. Tiwary, A.C.J.M., Rohtas at Sasaram in connection with Karagahar P.S.Case No.227 of 2017 dated 18.8.2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bond. (Vinod Kumar Sinha, J) chn/- U T