Harishankar Singh @ Harishankar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42348 of 2021 Arising Out of PS. Case No.-334 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== 1.

Harishankar Singh @ Harishankar Prasad Singh S/O Late Rajendra Singh @ Raj Nath Singh R/O Village-Bagaura Paschim Tola, P.S-Daraunda, DistrictSiwan. 2.

Santosh Singh @ Santosh Kumar Singh S/O Harishankar Singh @ Harishankar Prasad Singh R/O Village-Bagaura Paschim Tola, P.SDaraunda, District-Siwan. 3.

Amit Kumar Singh S/O Harishankar Singh @ Harishankar Prasad Singh R/O Village-Bagaura Paschim Tola, P.S-Daraunda, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-11-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under

2/4 Sections 341, 323, 324, 307, 379, 447, 448, 504, 34 of the Indian Penal Code.

It is alleged by the informant that when the informant made protest against the accused persons including the petitioners who were barricading his part of land, it is alleged that accused persons started assaulting the informant and when the wife, daughters and son of the informant came to rescue, they were also assaulted. It is alleged that Satish Singh assaulted with Dabia on the head of son of the informant, petitioner No. 2 assaulted with iron rod on the head of the informant, petitioner No. 1 assaulted with iron rod on the head of the daughters of the informant and Shilpi Kumari assaulted with iron rod on the head of the wife of the informant. The accused persons also snatched Mangalsutra of the wife of the informant and taken away cash of Rs. 50,000/- from the house of the informant. It is submitted by learned counsel for the petitioners that petitioner No. 1 and the informant are

3/4 own brothers and in the background of some land dispute, the accusation has been levelled against the petitioners. There is counter version of the occurrence also. Moreover, the specific case of the informant is that the informant, his son, wife and daughters have been assaulted on head by the accused persons with Dabia and iron rod, but the injury reports annexed as Annexure-2 series show the injuries to be simple in nature caused by hard and blunt substance. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Siwan in connection with Daraunda P.S. Case No. 334 of 2020,

4/4 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T