Shri Bhagwan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25718 of 2019 Arising Out of PS. Case No.-140 Year-2018 Thana- DAWATH District- Rohtas ====================================================== 1.
Shri Bhagwan Singh S/o Late Damari Singh R/o Jogdhara, P.S.- Dawath, Distt. Rohtas (Sasaram), Bihar 2.
Jimadar Singh S/o Sakaldeep Singh R/o Jogdhara, P.S.- Dawath, Distt. Rohtas (Sasaram), Bihar 3.
Kamlesh Singh S/o Late Virodhi Singh R/o Jogdhara, P.S.- Dawath, Distt. Rohtas (Sasaram), Bihar 4.
Hansraj Singh S/o Late Gareeb Singh R/o Jogdhara, P.S.- Dawath, Distt. Rohtas (Sasaram), Bihar 5.
Subedar Singh S/o Late Sakaldeep Singh R/o Jogdhara, P.S.- Dawath, Distt. Rohtas (Sasaram), Bihar 6.
Thakur Singh @ Krishna Kumar Singh S/O Hansraj Singh R/o Jogdhara, P.S.- Dawath, Distt. Rohtas (Sasaram), Bihar 7.
Ravindra Singh S/o Late Virodhi Singh R/o Jogdhara, P.S.- Dawath, Distt. Rohtas (Sasaram), Bihar ... ... Petitioners.
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Mithilesh Kumar Rai, Advocate.
For the Informant : Mr. Nagendra Upadhyay, Advocate. For the Opposite Party/s :
Mrs. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2019 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Dawath P.S. Case no. 140 of 2018, registered under Sections 147, 148, 341, 323, 504, 506, 325, 307 and 379 of the Indian Penal Code and Section 27 of the Arms Act. While the informant had gone to field to cut grass
Patna High Court CR. MISC. No.25718 of 2019(4) dt.26-07-2019 2/3 accused Yadu Singh and Sugan Singh tried to outrage her modesty and tore her attire and on hulla made by her they extended threatening. On disclosure of occurrence to someone. When the informant arrived at her house and informed the matter to her family members and responding the same when her husband and family members approached to the aforesaid accused persons, all the accused persons including the petitioners slated and assaulted them by means of lathi. Madhu Singh assaulted her husband by means of iron rod, Ramesh Singh assaulted Krishna Singh by means of Rambha and Rabindra Singh assaulted the informant by means of iron rod. Learned counsel for the petitioners submitted that no such occurrence as alleged ever took place.
The petitioners are quite innocent and have been falsely implicated in this case. Earlier to the case under hand, the co-accused Bhagwan Singh lodged Dawath P.S. Case No.139 of 2018 against the husband of the informant and others and to save their skin from the said case the informant has lodged this false and frivolous case against the petitioners. The allegation against the petitioners are not specific rather general and omnibus in nature. There is no injury report in the case diary. Petitioners have no criminal antecedent.
Patna High Court CR. MISC. No.25718 of 2019(4) dt.26-07-2019 3/3 Learned APP for the State opposed the prayer for bail.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on 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 satisfaction of the S.D.J.M., Bikramganj in connection with Dawath P.S. Case No. 140 of 2018, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) Trivedi/- U T