Lalan Prasad Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39331 of 2018 Arising Out of PS. Case No.-20 Year-2017 Thana- BIDUPUR District- Vaishali ======================================================
1. Lalan Prasad Singh, Son of Ram Bhajan Singh,
2. Rajnish Kumar @ Chitranjan, Son of Lalan Prasad Singh, Both are resident of Village- Kaunopur Naya Tola Amer, Police Station- Bidupur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Uma Shankar Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-07-2018 Heard learned Counsels for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 307,323,324,341,379,354 and 504/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report submitted by Saurav Kumar dated 24.01.2017 to the Station House Officer, Bidupur Police Station is to the effect on 23.01.2017 at 7.30 P.M., the informant claimed that he was going to attend coaching classes at Dilawarpur, in the meantime petitioner no.2 surrounded him and started abusing and assaulting by 'hasua', causing injury on his head. It is further alleged that when the informant along with his father went to
Patna High Court Cr.Misc. No.39331 of 2018(2) dt.09-07-2018 2/3 the house of the petitioners to enquire about the matter, then petitioners again started assaulting them and petitioner no.2 snatched a gold locket from the neck of the informant. When mother of the informant came to rescue them, then accused persons also misbehaved with her.
It is submitted by learned counsel for the petitioners that in the background of petty dispute, the accusation has been levelled. Even assuming the accusation to be true no offence under Section 344 of the I.P.C. is made out. Moreover, none has received any injury. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP that there is specific accusation against the petitioners.
Considering the nature of accusation, none have received injury, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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
Patna High Court Cr.Misc. No.39331 of 2018(2) dt.09-07-2018 3/3 learned ACJM-XIV, Vaishali at Hajipur in connection with Bidupur P.S. Case No.20 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T