Rama Kant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52939 of 2015 Arising Out of PS.Case No. -105 Year- 2015 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ====================================================== Rama Kant Singh, Son of Late Jagarnath Singh, resident of Village - Bhairopur, Police Station - Bhagwanpur, District - Kaimur at Bhabua. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Girish Chandra Sharma, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-12-2015 Heard Sri Girish Chandra Sharma, learned counsel for the petitioner, learned Addl. Public Prosecutor and Sri Tribhuwan Narayan, learned counsel, who has voluntarily appeared on behalf of the informant.

The petitioner, who is in custody since 25.08.2015 in connection with Bhagwanpur P.S. Case no.105 of 2015 registered for the offence under Sections 326, 285,307 and 452 read with 34 of the Indian Penal Code and Section 3 (1) (x) and 4 of the SC/ST Act, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that of course in the present case it was alleged against the petitioner that when the informant came out of his house, the petitioner sprinkled Kerosene Oil on him. Thereafter, one another accused person put him on fire, whereas according to learned

Patna High Court Cr.Misc. No.52939 of 2015 (2) dt.14-12-2015 2/2 counsel for the petitioner, injury has not been elaborately discussed in the case diary. He further submits that one month prior to the present occurrence, the petitioner had lodged an F.I.R. against the informant of the present case vide Bhagwanpur P.S. Case no. 87 of 2015 registered for the offence under Section 307 and other allied Sections of the Indian Penal Code. In the said case, besides the informant of the present case other two persons were also made accused and in retaliation, a false case has been instituted. The petitioner is in custody since 25.08. 2015. Learned counsel for the informant and learned Addl. Public Prosecutor have vehemently opposed the prayer for bail of the petitioner.

It was submitted that there is specific accusation against the petitioner regarding sprinkling of Kerosene Oil. Keeping in view the fact that one month prior to the present occurrence the petitioner had lodged an F.I.R. against the informant as well as nature of accusation and period of custody, let the petitioner, namely Rama Kant Singh be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhagwanpur P.S. Case no.105 of 2015.

NKS/- (Rakesh Kumar, J) U