Bambam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69471 of 2018 Arising Out of PS. Case No.-157 Year-2018 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Bambam Singh, son of Late Natho Singh, resident of Village- Gagnartola, P.S. Chariya Bariarpur Manjhaul O.P., District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr.Sri Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Cheria Bariyarpur (Manjhaul O.P.) P.S. Case No. 157 of 2018, registered under Sections 341, 323, 307 and 504/34 of the Indian Penal Code.

The accusation is that informant, Jyoti Devi, was in his courtyard, in the meantime, her agnate along with his other family members came and started to abuse. When the informant made protest then Sangita Devi, wife of petitioner, asked petitioner to kill her, on which, petitioner gave Khanti blow at the head of the informant causing grievous injury at her head. On raising alarm, villagers rushed there then petitioner and others succeeded to flee away.

Patna High Court Cr.Misc. No.69471 of 2018(3) dt.29-01-2019 2/2 Learned counsel for the petitioner submits that, in fact, on the date of occurrence hot talk started in between petitioner and family members of the informant due to land dispute, in scuffle the informant fell down on the hand-pump and sustained injury but due to ulterior motive the present case has been lodged with false allegation. It is further submitted that in course of investigation, witnesses, Radhe Singh, Ram Narayan Singh, Manish Kumar and Mukesh Kumar Singh, in paragraph 6, 7, 8 and 9, have stated that at the time of occurrence, hot talk started due to land dispute, in which, due to scuffle informant fell down on hand-pump and sustained injury.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Manjhoul, Begusarai, in connection with Cheria Bariyarpur (Manjhaul O.P.) P.S. Case No. 157 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T