Patna High CourtCR. MISC./49052/2017bail granted

Lal Babu Singh And ANR v. The State Of Bihar

2017-10-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49052 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -NATIONAL HIGHWAY BANGRA DistrictSAMASTIPUR ======================================================

1. Lal Babu Singh, Son of Ram Chandra Singh,

2. Archana Devi, Wife of Lal Babu Singh, Both resident of VillageShadipur, P.S.- NH Bangra, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raja Ram Mishra For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2017 Heard both sides.

The petitioners apprehend their arrest in N.H. Bangra P.S. case No. 63 of 2017 under Section 307, 353 and other Sections of the Indian Penal Code.

The informant, S.H.O. of N.H. Bangra P.S., alleged that dead body of Bipin Kumar was lying in an orchard. The relatives of Bipin Kumar and others blocked the road and when the police tried to pacify the matter the accused persons are alleged to have assaulted the police force.

The learned counsel for the petitioner submits that petitioners have falsely been implicated in the case. The petitioners were peacefully protesting against the murder of a

Patna High Court Cr.Misc. No.49052 of 2017 (2) dt.17-10-2017 2/2 young boy, who was brutally killed on account of inaction of police, and that is why the police lodged this false case. The petitioners are alleged to have assaulted the police with Sonta but no corresponding injury was found.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Samastipur in connection with N. H. Bangra P.S. case No. 63 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T