Dharmendra Kumar Singh @ Khedu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51785 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- MAKER District- Saran ====================================================== 1.

DHARMENDRA KUMAR SINGH @ KHEDU SINGH, Son of Sri Shiv Kumar Singh 2.

Shashi Kumar Singh, Son of Late Shivdhar Singh Both are residents of Village- Haijalpur, P.S.- Maker, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr. Advocate Mr. Mayank Shekhar Mr.Saket Gupta For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-08-2019 Heard both sides.

The petitioners apprehend their arrest in Maker P.S. Case No.84 of 2019 registered under Sections 447, 436, 354B, 380, 504 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

The informant named the petitioners along with ten other accused persons and 8-10 unknown persons and alleged that they all having armed with gun and other weapons entered into her house. Dharmendra Kumar Singh @ Khedu Singh pointed out gun at her and exhausted to unclothe her, on such, accused persons torn her cloths. Shashi Singh and Amit Kumar Singh climbed on her body. Ajay Kumar Singh and Sanjay

Patna High Court CR. MISC. No.51785 of 2019(2) dt.20-08-2019 2/3 Kumar Singh ignited fire on her house and took away different articles worth Rs.30,000/-. It is further alleged that Dharmendra Kumar Singh @ Khedu Singh and Sanjay Kumar Singh were fired but nobody was injured.

The learned counsel for the petitioners submits that in fact, the present case is outcome of Maker P.S. Case No.79 of 2019 registered on 19.05.2019 and Maker P.S. Case No.74 of 2019 registered on 07.05.2019 in which all the sons of Shivbachan Sahni and others are made accused. The informant of the present case is the wife of Shivbachan Sahni. On account of village politics, the present case has been lodged. It is further submitted that two cases were instituted against the petitioners in the year 2006. One case bearing Maker P.S. Case No.98 of 2018 was also registered against petitioner No.1. It is apparent that on account of such enmity, both the sides are bent upon to institute the cases against each other.

Taking into consideration the fact that present case was registered on 24.05.2019 but prior to institution of present case, Sanjay Kumar Singh, one of the accused, lodged Maker P.S. Case No.79 of 2019 on 19.05.2019 and Maker P.S. Case No.74 of 2019 on 07.05.2019 against the sons of the informant and other accused persons, let the petitioners, above named, in

Patna High Court CR. MISC. No.51785 of 2019(2) dt.20-08-2019 3/3 the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. XII, Saran in connection with Maker P.S. Case No.84 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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