Bharat Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51026 of 2015 Arising Out of PS.Case No. -261 Year- 2015 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Bharat Singh Son of Late Deve Charan Singh, R/o Village- Katharua, P.S.- Aurangabad (Town), District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Purushotam Sharma, Advocate For the Opposite Party/s : Mr. Shailendra Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 0148, 341, 323, 337, 338, 307, 379 and 427 of the Indian Penal Code. The prosecution case is that the on 20.06.2015, pregnant wife of co-accused Mantu Singh namely, Dolly Devi, was admitted for treatment in the clinic of the informant, Dr. Ashit Ranjan and seeing the serious condition of Dolly Devi, the informant referred her for better treatment to some other hospital and she was taken at 08.00 P.M. in the same night. Thereafter, all of sudden, on 23.06.2015, the mob 100-120 in numbers along with 9 persons named in the F.I.R., including the petitioner variously armed, came and started pelting stones at the clinic of the

Patna High Court Cr.Misc. No.51026 of 2015 (2) dt.09-11-2015 2/2 informant and damaged the goods and clinic of the informant It is submitted by learned counsel for the petitioner that the accusation is omnibus and general and the husband of Dolly Devi, who was admitted in the clinic of the informant, has also lodged a case against the informant, and as a retaliatory measure the present case has been lodged. It is furthers submitted that the petitioner is Assistant (Establishment) in Kishori Sinha Women's College and he was on duty on the alleged date of occurrence. Moreover, other accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court vide Criminal Miscellaneous No.42689 of 2015.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Aurangabad (Town) P.S. Case No.261 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T