Arun Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51744 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- SISWAN District- Siwan ====================================================== 1.
ARUN SINGH Son of Devasharan Singh Resident of Village - Siswa Kala, P.S.- M.H. Nagar, Distt - Siwan.
2.
Sunil Singh Son of Daroga Singh Resident of Village - Siswa Kala, P.S.- M.H. Nagar, Distt - Siwan.
3.
Pankaj Singh @ Pankaj Kumar Singh Son of Daroga Singh Resident of Village - Siswa Kala, P.S.- M.H. Nagar, Distt - Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Siswan(M.H. Nagar) P.S. Case No. 87 of 2019, disclosing the offence under Sections 147, 341, 323, 379, 354-B, 504, 506 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioners has submitted that the persons named in the FIR, the informant and her family members are agnates and it was because of the land dispute that the occurrence had taken place when, allegedly, the informant was engaged in getting the earth work done over a piece of land. He has submitted that even if
Patna High Court CR. MISC. No.51744 of 2019(2) dt.20-08-2019 2/2 the allegation made in the FIR is treated to be correct, no offence under Section 354-B of the IPC can be said to be made out. The allegation of pulling the cloth of the informant is against one Wakil Singh, the informant.
Considering the genesis of occurrence, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, 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 the learned Chief Judicial Magistrate, Siwan in Siswan (M.H. Nagar) P.S. Case No. 87 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T