Manoj Singh @ Manoj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66561 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -SIKRAUL District- BUXAR ====================================================== Manoj Singh @ Manoj Yadav, Son of Dram Singh, Resident of VillageDiwan Ke Barkagaon, P.S. Sikroul, District- Buxar. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bimlendu Shekher Thakur, Advocate. For the Opposite Party : Mr. Rajendra Nath Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 448, 307, 379 and 354(B)/34 of the IPC.
The prosecution story, in brief, is that on 22.06.2018 at about 10.30 P.M. in the night after taking part in the marriage ceremony of friend Bebi, informant Sunita Kumari was returning to her home and when she reached near house of Brij Bihari Choudhary, co-accused caught her hand and tried to took away her mobile and when she protested them, then on the point of Katta, Vijay Singh took away golden top from her ear and golden Mahaviri Locket from her neck. On her hulla, her father Ram
Patna High Court Cr.Misc. No.66561 of 2018 (2) dt.01-11-2018 2/3 Bhajan Singh came there then FIR named accused armed with Lathi, Danda and Iron rod came and entered it her home by breaking door and with bad intention caught hold her and they caused injury to her, her younger sister Anita Kumari by means of legs, fists, lathi, danda and they also caused injury to her father and her cousin brother Jitendra Singh by means of Lathi and Danda.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. From perusal of the order of learned Sessions Judge, it is evident that nature of injury is not dangerous to life. No offence under Section 307 of the IPC is made out.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Buxar, in
Patna High Court Cr.Misc. No.66561 of 2018 (2) dt.01-11-2018 3/3 connection with Sikroul P.S. Case No. 68 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T