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Patna High CourtCR. MISC./51127/2015bail granted

Uma Shanker Singh v. The State Of Bihar

2016-06-23Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51127 of 2015 ======================================================

1. Uma Shanker Singh Son of Late Srikisun Singh, Resident of MohallaGaurakshni, Near- Nishan Singh, Library, P.s.- Sasaram (T) District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51848 of 2015 Arising Out of PS.Case No. -1013 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Soni Kumari @ Sony Kumari @ Priyanka daughter of Umashanker Singh

2. Shreya kumari@Sweety Daughter of Umasheker Singh

3. Manimala Devi wife of Uma Shanker Singh All Residents of MohallaGaurakshni, Near Nishan Singh Library, p.s Sasaram (T) District Rohtas at Sasaram.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.51127 of 2015) For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Nagendra Pd.(App) (In Cr.Misc. No.51848 of 2015) For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-06-2016 The certified copy of the First Information Report of Sasaram (Town) Police Station Case No. 1013 of 2015 has been filed on behalf of the petitioners, let the same be kept on record.

Patna High Court Cr.Misc. No.51127 of 2015 (8) dt.23-06-2016 2/3 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. These applications, for grant of anticipatory bail, arise out of Sasaram (Town) Police Station Case No. 1013 of 2015, disclosing offences under Sections 323, 324, 307, 379/34 of the Indian Penal Code.

The sole petitioner of Criminal Misc. No. 51127 of 2015, namely, Uma Shanker Singh, is, admittedly, the full brother of the informant. The petitioner nos. 1 and 2 of Criminal Misc. No. 51848 of 2015 are daughters of said Uma Shanker Singh; whereas, petitioner no. 3 of Criminal Misc. No. 51848 of 2015 is his wife.

Allegation in the First Information Report is tht some scuffle had taken place, as the petitioners were raising a wall in the house, jointly possessed by the petitioners and the informant, which, accordingly to the informant, could have caused obstruction in the passage. It is alleged that the petitioners assaulted the informant and his wife, causing serious injuries.

Considering the nature of dispute and genesis of occurrence, these applications are allowed.

Let the petitioners, namely, Uma Shanker Singh, Soni Kumari @ Sony Kumari @ Priyanka, Shreya Kumari @ Sweety and Manimala Devi, in the event of their

Patna High Court Cr.Misc. No.51127 of 2015 (8) dt.23-06-2016 3/3 arrest or surrender before the Court below within six weeks, 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 the learned Chief Judicial Magistrate, Sasaram, at Rohtas, in connection with Sasaram (Town) Police Station Case No. 1013 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √