Birendra Singh @ Birendra Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21990 of 2015 Arising Out of PS.Case No. -436 Year- 2014 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Birendra Singh @ Birendra Kumar Singh.

2. Gajendra Singh @ Gajendra Prasad Singh.

Both are son's of Ramsewak Singh @ Sewak Singh. Resident of Village - Naya Tola Thadha, P.S.- K.Hat, District - Purnea.

3. Rabindra Singh. Son of Late Lalbabu Singh. Resident of Village - Lohapur Gangeli, P.S.- K.Nagar, District - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-07-2015 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

Originally informant filed Complaint Case which was converted into K. Hat (Maranga) P.S. Case No. 436 of 2014 registered for the offences punishable under Sections 323, 341, 457, 380, 354 of the Indian Penal Code and 4/5 of the Dayan Act.

The contention on behalf of the petitioners is that, petitioner no. 1 lodged K. Hat P.S. Case No. 188 of 2014 on 19.03.2014 against the husband of the informant and Others and as a matter of fact, in the retaliation to the above stated Complaint Case, the husband of the informant set up her and

Patna High Court Cr.Misc. No.21990 of 2015 (2) dt.06-07-2015 got lodged the present false case. It is further contended by him that the entire occurrence of the present case is said to have taken place inside the house of the informant and moreover, the informant has filed Complaint Case on 01.05.2014 for the occurrence which is said to have taken place on 27.04.2014. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that the above named petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K.Hat (Maranga) P.S. Case No. 436 of 2014 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) P.K./- U T