Suraj Singh And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9724 of 2015 Arising out of PS.Case No. -76 Year- 2013 Thana -JHAJHA District- JAMUI ======================================================

1. Suraj Singh, Son of Ramchandra Singh.

2. Manish Singh, Son of Ram Sevak Singh.

3. Udya Singh, Son of Ramshiban Singh.

4. Ajit Singh, Son of Ramshiban Singh, resident of Village - Babubank, P.S.- Jhajha, District -Jamui.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Rajesh Kumar Sinha, Advocate. For the Opposite Party : Mr. Binod Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-05-2015 The petitioners are apprehending their arrest in connection with Jhajha P.S. Case No. 76 of 2013 for the offences instituted under Sections 147, 341, 323, 354, 448, 379 and 504 of the Indian Penal Code.

Heard learned counsel for the petitioners, State and learned counsel for the informant.

The prosecution story, in brief, is that the informant Nilu Kumari @ Nisha Kumari, gave her fardbeyan at referral hospital, Jhajha, stating therein that in the year 2008, her mother Rekha Devi purchased house of Raj Kr. Singh @ Bhola Singh of Village-Babubank, under P.S. Jhajha, District-Jhajha. It is alleged that on 10.04.2013 Karamvir Singh, Damad of Raj Kr. Singh,

Patna High Court Cr.Misc. No.9724 of 2015 (4) dt.21-05-2015 2 / 3 Dharambir Singh, Kaleshwar Singh and Binod Singh came to her house and abused and told her to vacate the house and also threatened to kill. It is further alleged that on 13.04.2013 at 9.30 A.M. all above four accused persons alongwith Suraj Singh, Manish Singh, Pintu Singh, Dipak Singh, Uday Singh and Ajit Singh of her Mohalla- entered into her house. Her father was not present there. They caught hold hand of the informant and her sister Shilpa and dragged her outside the house, abused her and also used filthy languages and told to vacate the house. On protest, Manish and Suraj Singh assaulted her and her sister Shilpa and the informant sustained injury on her neck. Blood came out from the nose and she became unconscious. It is stated by the informant that Dharambir and Karamvir Singh are criminals and recently they were released from jail. It is further alleged that Ajit Singh and Karamvir Singh snatched golden chain from her neck and golden top from ear of her sister.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. On behalf of the State and the informant, it has been submitted that a false statement has been made in paragraph no. 3 of the petition that the petitioners did not have any criminal antecedent as to when the learned counsel for the informant has

Patna High Court Cr.Misc. No.9724 of 2015 (4) dt.21-05-2015 3 / 3 brought to the notice of this Court that there is one criminal case instituted i.e., Jhajha P.S. Case No. 133 of 2013 and in the said case the petitioner nos. 3 and 4 are accused. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioners in connection with Jhajha P.S. Case No. 76 of 2013, pending in the court of the learned J.M. Ist Class, Jamui.

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