Ramesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52228 of 2024 Arising Out of PS. Case No.-136 Year-2024 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Ramesh Singh SON OF LATE RAM EKBAL SINGH VILLAGESALATHUA, PS- KUDRA, DIST- KAIMUR AT BHABHUA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 447, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in brief, is that prior to the alleged occurrence, the petitioner had kidnapped the daughter of the informant for which the informant filed Kudra P.S. Case No. 124 of 2023. After recovery of the informant's daughter, her marriage has been solemnized with one Shiwam Sah. It is further alleged that after solemnization of the marriage, the petitioner started threaten the informant to hand over his daughter. On objection, the petitioner opened fire upon the

Patna High Court CR. MISC. No.52228 of 2024(2) dt.04-09-2024 2/3 informant with an intention to kill him, but he escaped and did not sustain any injury.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Both the parties are covillagers. It is further submitted that the police had submitted final form against the petitioner in Kudra P.S. Case No.124 of 2023 showing the allegation levelled against the petitioner false. Thereafter, only with a view to harass the petitioner, the present case has been instituted against him by the informant. The informant has not sustained any injury, which is also evident from the FIR. There is inordinate and abnormal delay of 9 days in lodging of the FIR without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. Petitioner has four criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is inordinate and abnormal delay of 9 days in

Patna High Court CR. MISC. No.52228 of 2024(2) dt.04-09-2024 3/3 lodging the FIR, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kudra P.S. Case No. 136 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T