Bihari Singh @ Brij Bihari Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44647 of 2015 Arising Out of PS.Case No. -39 Year- 2015 Thana -AJIMABAD District- BHOJPUR ====================================================== Bihari Singh @ Brij Bihari Singh, Son of Ram Ekbal Singh, Resident of Village - Bargaun, P.S. - Ajimabad, District - Bhojpur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rama Kant Singh, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Ajimabad P.S. Case No. 39/2015 registered under Sections 448, 379 and 436 read with 34 of the Indian Penal Code. It is contended that initially a complaint case was filed on 02.06.2015 in respect of an occurrence, which is said to have taken place on 31.05.2015 in the night at 11:00 p.m., which was referred to the police for investigation, pursuant to which, the instant FIR was registered on 02.07.2015. It is further contended that no occurrence, as alleged, had ever taken place
Patna High Court Cr.Misc. No.44647 of 2015 (2) dt.14-10-2015 2 / 2 and the complaint case was filed on account of previous enmity existing between the parties. The wife of the petitioner has also instituted a case against the informant of the case which is registered as Ajimabad P.S. Case No. 40/15 dated 09.07.2015 under Section 354-B of the Indian Penal Code. It has also been submitted that a proceeding under Section 107 of the Code of Criminal Procedure is also going on between the parties. Learned counsel for the State has opposed the prayer for grant of anticipatory bail to the petitioner. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Pramod Kumar Pandey, learned Judicial Magistrate-1st Class, Ara, Bhojpur in connection with Ajimabad P.S. Case No. 39 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.
(Ashwani Kumar Singh, J.) Sanjeet/- U T