Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11164 of 2021 Arising Out of PS. Case No.-192 Year-2020 Thana- ALOULI District- Khagaria ====================================================== 1.

MITHILESH SINGH Son of Dinesh Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

2.

Akhilesh Singh Son of Dinesh Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

3.

Shrawan Kumar Singh Son of Dinesh Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

4.

Arvind Singh Son of Late Lakhan Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

5.

Indal Singh Son of Arvind Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

6.

Ranjeet Singh Son of Janardhan Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

7.

Sanjeev Singh Son of Janardhan Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

8.

Pradeep Singh Son of Janardhan Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

9.

Lalmani Devi Wife of Dinesh Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

10.

Anu Devi Wife of Mithilesh Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

11.

Soni Devi Wife of Arvind Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

12.

Switi Devi Wife of Indal Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

13.

Kala Devi Wife of Janardhan Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

14.

Reena Devi Wife of Ranjeet Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

15.

Pushpa Devi Wife of Sanjiv Singh Resident of village - Allouli, P.S.- Allouli, District - Khagaria.

2/4 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-02-2022 Heard Mr. Praveen Kumar Agrawal, the learned counsel for the petitioners and learned APP for the State. He seeks permission to withdraw the application with respect to petitioner nos. 9 to 12 as they have been arrested during the pendency of this application. The application with respect to petitioner nos. 9 to 12 is dismissed as withdrawn.

The rest of the petitioners seek bail in anticipation of their arrest in connection with Alauli P. S. Case No. 192 of 2020, instituted for the offences under Sections 447, 341, 323, 354 (B), 307, 379, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of Prevention of Witch (Daain) Practices Act, 1999.

3/4 The main allegation of assault and abuse is on one Dinesh who is not one of the petitioners before this Court. There is a counter version of the occurrence also which has been lodged by one of the accused persons of this case who is incidentally the wife of aforesaid Dinesh. In the counter case, three of the persons from the side of the petitioners have received grievous injuries. The victims of the subject F.I.R. have but received only simple injuries.

There is a land dispute between the parties from before.

Precisely for this reason, the parties have clashed amongst each other with accusation and counter accusation. There does not appear to be any intention of causing grievous bodily injuries to anyone of the victims. Considering the afore-noted facts, the petitioner nos. 1 to 8 and 13 to 15 are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt / production of a copy of this order, on their furnishing bail

4/4 bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Alauli P. S. Case No. 192 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands disposed off.

(Ashutosh Kumar, J) skm/- U T