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Patna High CourtCR. MISC./32336/2018bail granted

Sanjay Singh @ Sanjay And ORS v. The State Of Bihar

2018-06-14Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32336 of 2018 Arising Out of PS. Case No.-286 Year-2017 Thana- SAHPUR District- Patna ======================================================

1. Sanjay Singh @ Sanjay, S/o Ravindar Singh,

2. Sanjit Kumar S/o Bijinder Singh,

3. Santosh Kumar @ Santosh Kr. Singh S/o Ram Babu Singh, Residents of Vill.- Mainpura Dariyapur, P.S.- Phulwari, P.O.- Neora, District- Patna.

4. Shailesh Singh S/o Girija Singh,

5. Shailesh Kumar S/o Gorakh Singh @ Baykunth Singh, R/o Vill.- Dariyapur, P.S.- Shahpur, P.O.- Neora, District- Patna. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-06-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Shahpur P.S. Case no. 286 of 2017, registered under Sections 147, 148, 149, 323, 380, 452, 354, 307, 427 and 504/34 of the Indian Penal Code.

The accusation is that on 17.12.2017 informant Kushum Devi was talking with her husband Subhash Kumar Sinha at her house situated in village Dariyapur at that time, petitioners having iron rod, hockey stick etc. in their hands entered in the house and attacked on her husband. At that time,

Patna High Court Cr.Misc. No.32336 of 2018(2) dt.14-06-2018 2/3 Santosh Kumar gave iron rod blow at the head of husband of the informant and all accused also caused injury to him, when she reached there to save her husband then petitioner No.2 Sanjit Kumar laid her on the ground by catching her hair. Thereafter, Sanjay Singh (Petitioner No.1), Santosh Kumar (petitioner No.3) and Shailesh Singh (Petitioner No. 4) also caused assault to the husband of the informant. At that time, Shailesh Kumar snatched golden chain worth of Rs. 30,000/- from her neck. At that time, they also damaged his house hold articles worth of Rs. 50,000/-.

Learned counsel for the petitioners submits that, initially, the informant lodged Complaint Case No. 1359 of 2017 on 22.12.2017 regarding the occurrence in the Court of Addl. Chief Judicial Magistrate, Danapur on which basis the present case has been lodged. Further submission is that petitioners and informant are next door neighbours and due to petty dispute, the present case has been lodged with false allegation. Moreover, the injuries as found on the person of informant and her husband are of simple in nature. 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

Patna High Court Cr.Misc. No.32336 of 2018(2) dt.14-06-2018 3/3 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 Addl. Chief Judicial Magistrate, Danapur in connection with Shahpur P.S. Case No. 286 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T