Ram Govind Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12678 of 2016 Arising Out of PS.Case No. -34 Year- 2015 Thana -ADHAURA District- BHABHUA (KAIMUR) ======================================================

1. Ram Govind Singh

2. Dihal Singh @ Ram Dihal Singh Both Sons of Harsu Singh

3. Bhagmani Devi @ Bhagwani Devi Wife of Ram Dihal Singh

4. Poudhari Devi Wife of Ram Govind Singh

5. DeopatI Singh Son of Harsu Singh

6. Shiv Kumari Devi Wife of Deopati Singh All resident of VillageAdhaura, P.S.-Adhaura, District-Kaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shankar Sahay For the Opposite Party/s : Mr. Sadanand Paswan (App) ====================================================== CORAM: HON'BLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2016 Heard both sides.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 147, 149, 427, 353, 504 and 506 of the Indian Penal Code and Section 3(1)(x) of the S.C./S.T. (Prevention of Atrocities) Act. The informant is the Circle Officer of Aghoura. Block. He alleged that when he along with other officials went to measure the land which was in dispute, all the petitioners came having armed with lathi, abused the informant by naming his caste and assaulted him.

It is submitted that on the side of the petitioners one complaint case has been filed. Title Suit No. 197 of 2009 is also pending and when this was brought to the notice of the Circle Officer, the Circle Officer became infuriated and thereafter the

Patna High Court Cr.Misc. No.12678 of 2016 (4) dt.24-06-2016 Circle Officer abused the complainant and his family members. In view of the fact that the Circle Officer himself is the informant who alleged that petitioners Ram Govind Singh, Dihal Singh and others abused and assaulted him, I am not inclined to grant the privilege of anticipatory bail to petitioner nos. 1, 2 and 5, namely, Ram Govind Singh, Dihal Singh @ Ram Dihal Singh and Deopati Singh in connection with Adhoura P.S. Case No. 34 of 2015 pending in the court of the learned Chief Judicial Magistrate, Kaimur at Bhabhua.

So far as petitioner nos. 3,4 and 6, who are ladies, are concerned, they in the event of 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Adhoura P.S. Case No. 34 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Prabhat Kumar Jha, J) Amin/- U