Madan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36967 of 2018 Arising Out of PS. Case No.-84 Year-2018 Thana- TEKARI District- Gaya ====================================================== Madan Singh, Son of Late Madho Singh, Resident of Village- Guljarbag, Police Station- Tekari and District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manish Kumar No-2, Advocate For the Opposite Party/s :

Mr. Sri Manoj Kumar - 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Tekari P.S. Case No. 84 of 2018 registered for the offences punishable under Section 341, 323, 307, 379, 504/34 of the Indian Penal Code.

Allegedly, the petitioner and his son started constructing the pillar on the drainage of the informant and when the informant forbade them the petitioner and his son started assaulting the informant, his wife and daughter with rod and khanti causing injury on the hand of the informant and also on the head of the wife and daughter of the informant and further hand was fractured and they snatched gold chain and

Patna High Court Cr.Misc. No.36967 of 2018(2) dt.28-06-2018 2/3 locket.

Submission is of false implication and that due to dispute of drain the occurrence has taken place, there was no intention to commit murder, there is no allegation that blow was repeated, there was no intervening circumstance, the petitioner is in custody since 03.05.2018 and he has sufficiently been penalized. Final injury report was not produced and, as such, the petitioner deserves sympathetic consideration as he is an old man.

Learned A.P.P. submits that on the head of the daughter and the wife of the informant injury was caused. In the facts and circumstances stated above, considering the detention of the petitioner and further that there is no chance of tampering with the prosecution evidence and, as such, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya, in connection with Tekari P.S. Case No. 84 of 2018, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each

Patna High Court Cr.Misc. No.36967 of 2018(2) dt.28-06-2018 3/3 and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T