Vivekanand Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51324 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -TIKAPATTI District- PURNIA ======================================================

1. Vivekanand Singh

2. Rajesh Singh

3. Kanhaiya Singh

4. Raman Singh, all are sons of late Abdhesh Singh Resident of VillageKoskipur, P.S. Tikapatti, District Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha, Adv. For the Opposite Party/s : Mr. C Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 147, 148, 149, 504, 376/511, 379, 448 of the Indian Penal Code.

Allegation is that all the petitioners came at the house of informant in absence of her husband, in abusive language enquired about her husband, assaulted her and attempted to commit rape upon her.

It has been submitted on behalf of the petitioners that they have falsely been implicated in the present case. There is no allegation of tampering of witnesses against petitioners. Prior to institution of the present case, a case was instituted by petitioner no.1 against husband of informant. Subsequently, vide Annexure3 a petition has been filed in the court below stating that the case has been instituted due to mistake of fact.

On behalf of the State, it is submitted that petitioners are

Patna High Court Cr.Misc. No.51324 of 2016 (2) dt.02-12-2016 2/2 named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-V, Purnea, in connection with Tikapatti P.S. Case no. 16 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T