Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23227 of 2020 Arising Out of PS. Case No.-36 Year-2020 Thana- CHACKMEHSI District- Samastipur ====================================================== Rajesh Kumar Singh S/o Amar Singh Resident of Village-Balha, P.S.- Chakmehsi, District-Samastipur ... Petitioner

Versus

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

For the Petitioner :

Mr.Abhay Shankar Singh, Advocate For the Opposite Party :

Mr. SM Rahman, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2020 Heard learned counsel for the petitioner as well as learned counsel for the State through video conferencing. The petitioner seeks bail in a case registered for the offence punishable under sections 379/307 and other ancillary sections of the Indian Penal Code.

As per F.I.R., petitioner and other accused persons were constructing wall on complainant's Khatiyani land and on protest by informant, they assaulted the complainant and her family. It is further alleged that the petitioner and co-accused Rakesh Singh pressed her neck using her dupatta and tried to outrage her modesty. Accused persons snatched Rs.10,000/- from her.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Parties are cosharers and have subsisting land dispute for which sections 107 and 144 Cr.P.C. proceedings were initiated. It is further contended that the FIR has been lodged after four days of occurrence without any explanation for delay. As per the injury report, the injuries have been collectively found to be grievous. Other co-accused persons have already been allowed bail by the Court below itself vide order dated 16.6.2020, passed in BP No. 327/2020. Petitioner is retired army man and is in custody since 10.5.2020.

Patna High Court CR. MISC. No.23227 of 2020(2) dt.10-09-2020 2/2 In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Samastipur in Chakmehsi Police Station Case No. 36 of 2020, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T