← Library
Patna High CourtCR. MISC./19856/2018bail granted

Jai Prakash Singh v. The State Of Bihar

2018-04-09Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19856 of 2018 Arising Out of PS. Case No.-221 Year-2017 Thana- RAGHUNATHPUR District- Siwan ====================================================== Jai Prakash Singh, Son of Ramaji Singh, resident of Village+ P.O.- Tari Tanri, P.S. Raghunathpur, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Anil Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-04-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 447, 341, 323, 354, 504, 379 and 506/34 of the IPC.

The prosecution case got initiated with the written report of Asha Devi dated 10.12.2017, submitted to the Station House Officer, Raghunathpur Police Station is that to the effect that on 10.12.2017 at 8.30 P.M., the neighbours of the informant, namely, Rana Singh and the petitioner, Jai Prakash Singh started abusing Chhaya Kumari, the daughter of the one Brajkishore singh and on alarm being raised, the informant

Patna High Court Cr.Misc. No.19856 of 2018(3) dt.09-04-2018 2/3 came out from the house when accused persons started abusing the informant also and charged her for instigating Chhaya Kumari. The accused persons also assaulted the informant and tore her saree and snatched gold chain.

It is submitted by learned counsel for the petitioner that the petitioner is the agnate of the informant and for petty land dispute, the accusation has been levelled. Moreover, from the accusation levelled in the FIR, it does not appear that any injury was actually caused to the informant. Statement has been made in para 3 that the petitioner has no criminal antecedent. Learned APP submits that there is specific accusation against the petitioner.

Considering the nature of accusation in the background of petty land dispute, and the fact that both sides are agnate to each other and it is not claimed by the informant that she has been medically examined, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-VIII, Siwan in connection with Raghunathpur P.S. Case No. 221 of 2017, subject to the

Patna High Court Cr.Misc. No.19856 of 2018(3) dt.09-04-2018 3/3 condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T