Madan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50624 of 2023 Arising Out of PS. Case No.-279 Year-2020 Thana- MASHRAK District- Saran ====================================================== 1.
MADAN SINGH SON OF SITANAND SINGH RESIDENT OF VILLAGE- BEN CHAPRA, P.O. AND P.S. MASHRAK, DISTRICTSARAN AT CHAPRA 2.
HARI SHANKAR SINGH SON OF SITANAND SINGH RESIDENT OF VILLAGE- BEN CHAPRA, P.O. AND P.S. MASHRAK, DISTRICTSARAN AT CHAPRA 3.
RANA PRATAP SINGH SON OF SITANAND SINGH RESIDENT OF VILLAGE- BEN CHAPRA, P.O. AND P.S. MASHRAK, DISTRICTSARAN AT CHAPRA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan For the Opposite Party/s :
Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2023 Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 354B, 379, 384 and other allied Sections of the Indian Penal Code and 3⁄4 of the Witch Practice Act.
3. Allegedly, the petitioners and other accused persons assaulted the husband of the informant by means of deadly weapons. The accused persons dragged the informant by holding her hair and called her witch. It is also alleged that
Patna High Court CR. MISC. No.50624 of 2023(2) dt.25-08-2023 2/3 petitioner no.2 demanded Rs.20,000/- per month as extortion from the informant and other accused persons snatched ornaments and money from the informant.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties. He further submits that the injuries sustained by the husband of the informant are of simple nature. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as there is an admitted land dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.50624 of 2023(2) dt.25-08-2023 3/3 court below where the case is pending/Successor Court in connection with Mashrakh P.S. Case No.279 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T