Raj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39166 of 2021 Arising Out of PS. Case No.-349 Year-2020 Thana- DHURAIYA District- Banka ====================================================== 1.

Raj Kumar Singh S/O Shankar Singh R/O Village-Manikpur, P.S-Dhoraiya, District-Banka.

2.

Anirudh Singh S/O Shankar Singh R/O Village-Manikpur, P.S-Dhoraiya, District-Banka.

3.

Prakash Singh S/O Shankar Singh R/O Village-Manikpur, P.S-Dhoraiya, District-Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 323, 307, 354(B), 504, 506 of the Indian Penal Code. Prosecution case in brief is that when the informant was sitting at his door, the accused persons came and assaulted the informant due to which they got unconscious. It is further alleged that the petitioner no. 3 disrobed Rupa Devi with intention to outrage her modesty.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.39166 of 2021(2) dt.20-06-2022 2/2 petitioners that petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that the injury found upon the victim is simple in nature, as per injury report. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Considering the fact that there is case and counter case between the parties, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dhoraiya P.S. Case No. 349 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T