Patna High CourtCR. MISC./43118/2019disposed

Gopal Singh v. The State Of Bihar

2019-09-30Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43118 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

GOPAL SINGH Son of Jagdish Singh Resident of Village - Barjraha, P.S.- Cheria Bariyarpur, District- Begusarai 2.

Sujit Kumar Singh @ Sujit Kumar @ Sujit Singh Son of Jagdish Singh Resident of Village - Barjraha, P.S.- Cheria Bariyarpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-09-2019 It appears that this application in respect of the petitioner no.2, namely, Sujit Kumar Singh alias Sujit Kumar alias Sujit Singh, has already been dismissed as withdrawn vide order dated 29.08.2019 passed by a Bench of this Court and, as such, today, only the prayer of the petitioner no.1, namely, Gopal Singh, for grant of privilege of pre-arrest bail is being considered. Heard.

The petitioner no.1, namely, Gopal Singh, apprehends his arrest in connection with Cheria Bariarpur P.S. Case No.12 of 2019 registered under Sections 341, 323, 326 and 504/34 of the Indian Penal Code.

The accusation is that on 18.01.2019 at about 10.00 A.M., the informant was getting the toilet constructed on her land. In the

Patna High Court CR. MISC. No.43118 of 2019(4) dt.30-09-2019 2/2 meantime, the petitioner no.1, Gopal Singh and Sujit Singh, both cousin brothers-in-law of the informant, came and started to abuse to the informant and to get the construction of the toilet stopped. When the informant and her husband made protest, then Sujit Singh ran to cause assault to the husband of the informant through Dabia and when the informant rushed to save her husband, he caused injury at the elbow of the left hand of the informant. Learned counsel for the petitioner no.1 submits that while he is named in the F.I.R. but no specific overt act is attributed to him. The petitioner no.1 has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner no.

1, namely, Gopal Singh, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Manjhoul, in connection with Cheria Bariarpur P.S. Case No.12 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S.