Om Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43194 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- SURYAPUR District- Rohtas ====================================================== 1.

OM PRAKASH SINGH S/o Lal Bihari Singh R/o village- Raghodihra, P.S.- Suryapura, Distt.- Sasaram, Rohtas 2.

Jwala Singh S/o Awadh Bihari Singh Bihari Singh R/o village- Raghodihra, P.S.- Suryapura, Distt.- Sasaram, Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehends their arrest in connection with Suryapura P.S. Case No.58 of 2019 registered under Sections 341, 342, 323, 324, 307, 504 and 379/34 of the Indian Penal Code.

The accusation is that in the evening of 16.04.2019, the informant Avinash Kumar alias Laddu along with his friend Abhishek Kumar was returning from his orchard, at that time, Mritunjay Singh called them and asked the informant to give the mobile to talk. When the informant gave mobile to him, he went to his house taking the mobile. After sometime, all the

Patna High Court CR. MISC. No.43194 of 2019(2) dt.12-07-2019 2/3 accused, named in the F.I.R., including the petitioners came from inside of the house and started to abuse and commit "Maar-Peet" with the informant and took him to the house and caused injury to him through lathi, danda, chappal, legs and fists and kept him confined for about two hours and committed "Maar-Peet" with him continuously. During this period, all pressed the neck of the informant and tried to cut his neck through Hasua and cut his hair through scissors. After sustaining injury at the chest and belly, the informant became unconscious. When the family members of the informant received information about the same, they informed the police and, thereafter, the informant was taken to the Primary Health Centre, Suryapura, for treatment. The cause of occurrence is that the informant had talked with Sudha Kumari, the daughter of the petitioner no.2 Jwala Singh.

Learned counsel for the petitioners submits that in the alleged occurrence, the petitioners' side also sustained injury regarding which on the basis of the written report of Sudha Kumari, the daughter of the petitioner no.2, Suryapura P.S. Case No.59 of 2019 was also instituted against the informant of the present case and others. Moreover, the injury, as found on the person of the informant, is simple in nature.

Patna High Court CR. MISC. No.43194 of 2019(2) dt.12-07-2019 3/3 Having considered the facts and the circumstances of the case, let the petitioners, 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 Additional Chief Judicial Magistrate, Bikramganj, Rohtas at Sasaram, in connection with Suryapura P.S. Case No.58 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T