Harendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29770 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== 1.

HARENDRA SINGH S/o Late Babulal Singh R/o Village- Kishunpura, P.S.- Lakari Nabiganj O.P. (Basantpur), District- Siwan. 2.

Rinku Devi W/o Harendra Singh R/o Village- Kishunpura, P.S.- Lakari Nabiganj O.P. (Basantpur), District- Siwan.

3.

Ajay Kumar S/o Harendra Singh R/o Village- Kishunpura, P.S.- Lakari Nabiganj O.P. (Basantpur), District- Siwan.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 324, 307/34 of the Indian Penal

Patna High Court CR. MISC. No.29770 of 2020(2) dt.17-12-2020 2/3 Code.

The prosecution case, in short, is that the accused persons assaulted the informant on her head due to which she sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Lakari Nabiganj O.P. (Basantpur) P.S. Case No. 42 of 2020, subject to the conditions

Patna High Court CR. MISC. No.29770 of 2020(2) dt.17-12-2020 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T