Teju Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29235 of 2015 Arising Out of PS.Case No. -84 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Teju Singh S/o Late Okil Singh @ Ras Bihari Singh

2. Hare Ram Singh S/o Teju Singh

3. Hare Krishna Singh @ Hari Krishna Singh S/o Teju Singh All are R/o Village Bhelai, P.S. Udwant Nagar, District Bhojpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Radha Mohan Pathak For the Opposite Party/s : Mr. Nand Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-10-2015 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Udwant Nagar P.S.Case No. 84/15 registered under Sections 341, 323, 307, 504, 379 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the allegation as made out by the informant is false and misconceived as there is case and counter case between the parties and there is altercation between both sides for which the petitioners' side has also registered a complaint case bearing No. 394/15. Learned counsel for the State after perusal of the case diary submits that the husband of the informant has given a totally different colour to the allegation and has narrated the events in the

Patna High Court Cr.Misc. No.29235 of 2015 (3) dt.05-10-2015 manner which is completely different from the contents of the FIR.

Learned counsel for the informant, who is present here, submits that with regard to the injuries, which have been found, the opinion has been reserved and till date the investigation is pending.

However, considering the fact that there is case and counter case and there is variation between the story of the informant and of her husband, as it appears from the case diary, let the petitioners, above named, in the event of their arrest or surrender in the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each in connection with Udwant Nagar P.S.Case No. 84/15 to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) spal/- U