Ravi Nandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39417 of 2020 Arising Out of PS. Case No.-223 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

RAVI NANDAN SINGH Son of Shiv Prasad Singh Resident of VillageKasap, P.S.- Udwantnagar, District- Bhojpur. 2.

Ramdir Singh Son of Shiv Prasad Singh Resident of Village- Kasap, P.S.- Udwantnagar, District- Bhojpur.

3.

Dinesh Singh Son of Shiv Prasad Singh Resident of Village- Kasap, P.S.- Udwantnagar, District- Bhojpur.

4.

Panjkaj Singh Son of Ravi Nandan Singh Resident of Village- Kasap, P.S.- Udwantnagar, District- Bhojpur.

... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Anil Kumar, Advocate.

For the State :

Ms. Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2021 As prayed for, through Video Conferencing, let the learned counsel for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 24.12.2020, within four weeks of starting of the Court proceeding in physical mode in normal course.

At the very outset, learned counsel for the petitioners, through Video Conferencing, submits that the petitioner no.1, namely, Ravi Nandan Singh, and the petitioner no.3, namely, Dinesh Singh, have already been arrested by the police in this case and, as such, this application, in respect of the petitioner

2/4 no.1, namely, Ravi Nandan Singh, and the petitioner no.3, namely, Dinesh Singh, to grant them the privilege of pre-arrest bail has become infructuous and seeks permission to withdraw this application in respect of the petitioner no.1, namely, Ravi Nandan Singh, and the petitioner no.3, namely, Dinesh Singh. Permission is accorded.

This application in respect of the petitioner no.1, namely, Ravi Nandan Singh, and the petitioner no.3, namely, Dinesh Singh, is dismissed as withdrawn.

Now, only the prayer of the petitioner nos.2 and 4, above named, to grant them the privilege of pre-arrest bail is being considered, through Video Conferencing. Heard learned counsel for the petitioner nos.2 and 4, above named, and the learned A.P.P. for the State, through Video Conferencing.

The petitioner nos.2 and 4, above named, apprehend their arrest in connection with Udwantnagar P.S. Case No.223 of 2020 registered under Sections 341, 323, 448, 452, 307, 354 and 379/34 of the Indian Penal Code.

The accusation is that in the evening of 15.06.2020, Braj Kishore Singh, the father of the informant Renu Devi, was going to purchase cement for the construction of his house. In

3/4 the way, six persons, named in the F.I.R., including the petitioner nos.2 and 4, above named, surrounded the father of the informant and started to cause assault and also snatched Rs.45000/- from the pocket of his shirt. When the father of the informant became unconscious, the aforesaid persons along with Sumitra Devi, wife of Ravi Nandan Singh, and Sarita Devi, wife of Dinesh Sinha, came and entered at the house of the informant and started to cause assault to her and her husband Narendra Kumar. Thereafter, the information was given at the police station and when the police came, all the aforesaid persons fled away. In the morning of 16.06.2020, when the informant was going to give information at the police station, at that time, the aforesaid persons along with 10 unknown variously armed with weapons came at the house of the informant and caused assault to the sisters of the informant.

Learned counsel for the petitioner nos.2 and 4, above named, submits that, in fact, the father of the informant and the father of the petitioner no.2 Ramdir Singh are own brothers and due to dispute with regard to partition of the land, the occurrence of "Maar-Peet" took place between the parties in which the informant, her father, her husband and others sustained slight injury. Moreover, it would appear from

4/4 Annexure-2 series that the injuries, as sustained by the informant, her husband and others are simple in nature. The petitioner nos.2 and 4, above named, have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioner nos.2 and 4, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in connection with Udwantnagar P.S. Case No.223 of 2020, subject to the conditions laid down under Section 438(2) Cr.P.C.

Accordingly, this application stands disposed of. (Rajendra Kumar Mishra, J) P.S./- U T