Sanjay Singh @ Sanjay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36111 of 2020 Arising Out of PS. Case No.-184 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

Sanjay Singh @ Sanjay Prasad (Male), aged about 50 years, S/o Dhrup Singh, Resident of village- Pakari, P.S.- Choutarwa, District- West Champaran.

2.

Bhushan Singh (Male), aged about 49 years, S/o Dhrup Singh, Resident of village- Pakari, P.S.- Choutarwa, District- West Champaran. 3.

Naval Kishore Singh (Male), aged about 53 years, S/o Dhrup Singh, Resident of village- Pakari, P.S.- Choutarwa, District- West Champaran. 4.

Rinku Singh @ Upendra Singh (Male), aged about 36 years, S/o Bharat Singh, Resident of village- Pakari, P.S.- Choutarwa, District- West Champaran.

5.

Krishna Singh @ Kishan Singh (Male), aged about 31 years, S/o Naval Kishore Singh, Resident of village- Pakari, P.S.- Choutarwa, District- West Champaran.

6.

Dinesh Singh @ Dinesh Prasad Singh (Male), aged about 62 years, S/o Late Singal Singh Resident of village- Pakari, P.s.- Choutarwa, District- West Champaran.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Mitali, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioners and learned A.P.P. for the State through Virtual mode.

The petitioners are apprehending their arrest in a case

Patna High Court CR. MISC. No.36111 of 2020(2) dt.09-04-2021 2/3 for the offence registered under Sections 436, 504 and 506/34 of the I.P.C.

The prosecution story, in brief, is that 29.05.2020 at about 10.00 P.M. when the informant came out side of her hut for deification, in the meantime, petitioners torched her hut due to which, food grains and other domestic utilities were burnt. They also threatened her to took her on fire and grab her whole land. In the alleged crime, she also sustained burn injury on her arm.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The allegation in respect of offence under Section 436 of the I.P.C. is denied by the petitioners. The present case has been instituted only for the purpose of false implication of the petitioners due to previous enmity between the parties.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest

Patna High Court CR. MISC. No.36111 of 2020(2) dt.09-04-2021 3/3 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/- (Rupees Ten Thousand) only each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist, Bagaha, West Champaran, in connection with Chautarava P.S. Case No. 184 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T