Tuntun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39183 of 2020 Arising Out of PS. Case No.-120 Year-2020 Thana- HARNAUT District- Nalanda ====================================================== 1.

TUNTUN SINGH son of Kunwar Singh Resident of Village- Sabnahuadih, P.S.- Harnaut, District- Nalanda 2.

Kunwar Singh son of Late Musafir Singh Resident of Village- Sabnahuadih, P.S.- Harnaut, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-05-2021 Heard Mr. Anil Kumar Singh, learned counsel for the petitioners and Mr. Narsingh Tanti, learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Harnaut P.S. Case No. 120 of 2020 instituted for the offences under Sections 341, 323, 377, 511, 337, 504, 506 and 34 of the Indian Penal Code.

It appears from the prosecution report that one Bipendra Singh tried to commit unnatural offence with the son of the informant and also assaulted him on his refusal to yield to his desire. The petitioners are then stated to have arrived at the place of occurrence and assaulted the informant and others and also resorted to firing.

Learned counsel for the petitioners has submitted that the main act of attempt to commit unnatural offence with the

Patna High Court CR. MISC. No.39183 of 2020(2) dt.04-05-2021 2/2 son of the informant is on Bipendra Singh. Only because of the fact that petitioners are associated with aforesaid Bipendra Singh, they have been named in the First Information Report as having arrived at the scene of occurrence sometime later. It has also been submitted that the present case is only a counter blast to Harnaut P.S. Case No. 119 of 2020 which has been lodged by the petitioner no. 2 against the informant and others. The petitioners have clean antecedents.

Considering the afore-stated facts, the petitioners, above named, are directed to be released on bail in the event of their arrest or surrender before the Court below within a period of eight weeks from the date of receipt / production of a copy of this order on furnishing bail bonds in the sum of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Harnaut P.S. Case No. 120 of 2020 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T