Kamakhya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44157 of 2019 Arising Out of PS. Case No.-364 Year-2018 Thana- BARHARIA District- Siwan ====================================================== KAMAKHYA SINGH, aged about 49 years, Male, Son of Aas Narayan Singh, Resident of village- Puraina, Police Station- Barharia, District- Siwan ... Petitioner

Versus

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

For the Petitioner :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Barharia P.S. Case No. 364 of 2018 for the offences alleged under Sections 341, 323, 354, 504 and 34 of the Indian Penal Code.

The accusation is that in the morning 20.11.2018 petitioner, Kamakhya Singh, started to fill soil on the land on which mother-in-law of the informant, Rinki Devi, made protest, thereafter, petitioner started to abuse and he, along with his family members, Vinod Singh, Kishori Devi, Nitu Devi and Amit Singh entered in the room of the informant and at that time this petitioner torn the blouse of the informant and started molesting her, Vinod Singh also unfolded her saree, Nitu Devi and Kishori Devi also fell her on the ground and tried to assault

Patna High Court CR. MISC. No.44157 of 2019(2) dt.18-07-2019 2/2 her.

The submission of the learned counsel for the petitioner is that due to land dispute, informant has lodged the present case with false allegation only to put undue pressure. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Barharia P.S. Case No. 364 of 2018 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T