Ram Shankar Singh @ Karkori Singh @ Karkoi Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23574 of 2016 Arising Out of PS.Case No. -6 Year- 2015 Thana -MOKAMAH District- PATNA ======================================================
1. Ram Shankar Singh @ Karkori Singh @ Karkoi Singh, S/o Late Sheomangal Singh
2. Santosh Singh @ Pairu Singh @ Santosh Kumar, S/o Ram Shankar Singh @ Karkoi Singh @ Karkori Singh Both are residents of Village- Sheonar, P.S.- Mokama, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-07-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend arrest in connection with Mokama P.S. Case No. 06/15 for offences alleged under Sections 452, 384, 341, 323, 354 and 34 of the Indian Penal Code. The allegation is that on 24.12.2014 petitioner no. 2 demanded Rs. 50,000/- from the informant but she refused because she was herself constructing her house. On 31.12.2014 at about 4.30 A.M. both the petitioners entered her house, caught hold of her and also assaulted her.
It has been submitted by the learned counsel for the petitioners that they are innocent and have already appeared before the police under Section 41(1) of the Code of Criminal Procedure on 28.04.2015 at 10.00 A.M. and released on police bail
Patna High Court Cr.Misc. No.23574 of 2016 (3) dt.27-07-2016 2/2 on the same day, but since charge-sheet has been submitted and cognizance has been taken against them, they are apprehending arrest. He submits that although the date of occurrence is 24.12.2014 but First Information Report has been lodged on 08.01.2015 after much delay without giving any plausible explanation. It has further been submitted that the petitioners have no criminal antecedent, as is evident from paragraph 3 of this petition.
However, learned APP for the State submits that the petitioners are named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since the petitioners are already on police bail and have no criminal antecedent, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Barh, Patna, in connection with Mokama P.S. Case No. 06/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Rajesh/- U T