Jitendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44137 of 2019 Arising Out of PS. Case No.-47 Year-2019 Thana- SURYAPUR District- Rohtas ====================================================== 1.
JITENDRA SINGH Son of Bhola Singh Resident of Village - Agrer Kala (Tola), P.S.- Suryapura, Distt - Rohtas at Sasaram. 2.
Hridaya Nand Singh Son of Mahesh Singh Resident of Village - Agrer Kala (Tola), P.S.- Suryapura, Distt - Rohtas at Sasaram. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramchandra Singh For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Suryapura P.S. Case No.47 of 2019 registered under Sections 341, 323, 307 and 354B/34 of the Indian Penal Code besides Section 27 of the Arms Act.
The accusation is that at about 10.00 P.M. on 21.03.2019, both the petitioners entered into the house of the informant Rina Devi, while she was sleeping, and caught hold of the informant and started eve-teasing. At that time, the petitioner no.1 unfolded the saree of the informant, whereas the petitioner no.2 tried to commit rape on the informant. On
Patna High Court CR. MISC. No.44137 of 2019(2) dt.18-07-2019 2/3 raising alarm by the informant, the petitioner no.1 put the barrel of the illegal rifle on the mouth of the informant. In the meantime, Munna Singh, the husband of the informant, came and started to set free the informant, then the petitioner no.1 attacked on the informant and her husband and caused injury to them. Thereafter, Nandji Singh having licensee rifle also came there, then both the petitioners made firing but, luckily, the same did not hit either to the informant or her husband. Learned counsel for the petitioners submits that in the evening of 21.03.2019, the husband of the informant and her brother-in-law, namely, Nandu Singh, in drunken state, started to abuse and created nuisance regarding which Suryapura P.S. Case No.48 of 2019 was also instituted on the basis of the written report of the petitioner no.2, due to that reason, Munna Singh, the husband of the informant, got managed to lodged this false case.
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) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, First Class,
Patna High Court CR. MISC. No.44137 of 2019(2) dt.18-07-2019 3/3 Bikramganj under District-Rohtas, in connection with Suryapura P.S. Case No.47 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T