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Patna High CourtCR. MISC./63393/2018bail granted

Manish Kumar Singh @ Manish Kumar And ORS v. State Of Bihar And ANR

2019-04-10Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63393 of 2018 Arising Out of PS. Case No.-183 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Manish Kumar Singh @ Manish Kumar, Son of Late Ram Nath Singh 2.

Prem Kumar Singh @ Rahul Kumar, Son of Babloo Singh 3.

Nirmal Singh @ Raushan Kumar Singh, Son of Late Baleshwar Singh. All resident of Village-Haldi Chapra, Naya Tola, P.S.-Maner,Distt.-Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Munako Devi, Wife of Sri Ajay Ram, Resident of Vilage -Haldi Chapra, Naya Tola, P.S.-Maner,Distt.-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoranjan Kumar For the Opposite Party/s :

Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 147, 323, 452 and 504 of the Indian Penal Code.

The prosecution case as per the complainant, Munako Devi is that on 2/3.02.2017, the complainant along with her family

Patna High Court CR. MISC. No.63393 of 2018(6) dt.10-04-2019 2/3 members was in her house, in the meantime, six accused persons including the petitioners came and asked her to do labour work forcibly. On protest being made, all the accused persons including the petitioners, assaulted the complainant by means of fists and slaps. It is further alleged that when the daughter-in-law of the complainant came to rescue, she was also assaulted by all the accused persons.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the petitioners. It is further submitted that petitioner no.2, Prem Kumar Singh earlier lodged a case being Maner P.S. Case No.45 of 2017, against the sons of the complainant and as a retaliatory measure, the present case has been lodged against the petitioners. It is submitted by learned APP for the State that the petitioners are named in the FIR.

Considering the fact that the accusation is omnibus and general against the petitioners and the fact that at an earlier point of time, petitioners' side lodged a case against the complainant side, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with

Patna High Court CR. MISC. No.63393 of 2018(6) dt.10-04-2019 3/3 two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Danapur (Patna), in connection with Complaint Case No.183 (C) of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/- U T