Govind Singh And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4809 of 2016 Arising Out of PS.Case No. -101 Year- 2015 Thana -MANSAHI District- KATIHAR ======================================================
1. Govind Singh, S/o Late Baijnath Singh
2. Goutam Singh, S/o Late Baijnath Singh
3. Uttam Singh, S/o Late Baijnath Singh
4. Mangal Singh, S/o Govind Singh
5. Dheeraj Singh @ Dheeraj Kumar Singh, S/o Late Uttim Singh
6. Guddu Singh, S/o Late Uttim Singh All are resident of village-Pinda, P.S.- Mansahi, District- Katihar .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Musowir, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 143, 504, 406 of the Indian Penal Code and 3(1) (5) of the S.C./S.T.(Prevention of Atrocities) Act.
The prosecution case is that the informant filed Complaint Case No. 1874 of 2015 and got her statement recorded, when the accused persons came and threatened the informant to withdrew the case and abused the informant, his mother and sister.
It is submitted by the learned counsel for the
Patna High Court Cr.Misc. No.4809 of 2016 (2) dt.04-02-2016 petitioners that in the background of land dispute accusation has been levelled. Petitioner no. 1 Govinda Singh earlier filed Mansahi P.S. Case No. 73 of 2009 levelling accusation under Section 364 against the uncle of the informant Mahendra Uraon and others. The First Information Report has been registered in pursuant to the complaint made to D.I.G., Purnea on 14.08.2015. For the occurrence of 10.08.2015 which came to be registered as police case on 30.10.2015. It is submitted by the learned counsel for the petitioners that though statement has been made in para-3 of the petition that petitioners have no criminal antecedent, but statement has been made in para-9 that earlier the cousin sister in law of the informant Niro Devi filed a case against the petitioners with similar accusation leading to registration of Mansahi P.S. Case no. 53 of 2013, which is Annexure-2 to the present petition, hence through supplementary affidavit it has been prayed that inadvertently a wrong statement has been made in para-3.
Considering the nature of accusation and the delayed lodging of the case, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sri U.K. Sharma, A.C.J.M.-II, Katihar
Patna High Court Cr.Misc. No.4809 of 2016 (2) dt.04-02-2016 in connection with Mansahi P.S. Case No. 101 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T