Vikash Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11558 of 2018 Arising Out of PS.Case No. -273 Year- 2017 Thana -JAINAGAR District- MADHUBANI ======================================================
1. Vikash Kumar Singh
2. Urmila Devi
3. Sulekha Kumari .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2018 Heard both sides.
The petitioners apprehend their arrest in Jai Nagar P.S. case No. 273 of 2017 under Section 307, 379, 354(B) and other Sections of the Indian Penal Code.
The informant, Manoj Kumar Singh, alleged that his brother Munindra Prasad Singh is separate from his two brothers but Munindra Prasad Singh and his family members used to assault the informant, his brother and family members. The informant further alleged that Munindra Prasad Singh and his family members brutally assaulted the informant, his brother and his family members, including Ashok Kumar Singh and Ramwati Devi.
The learned counsel for the petitioners submits that
Patna High Court Cr.Misc. No.11558 of 2018 (2) dt.27-02-2018 2/3 there is a counter version being Jai Nagar P.S. case No. 251 of 2017. No specific allegation of assault is made against the petitioners. Petitioners No.2 and 3 are ladies and wife and daughter of Munindra Prasad Singh. The injury report of Ashok Kumar Singh and Ramwati Devi are annexed with the bail petition as Annexure-2 series and the injury report shows that both the injured got simple injuries.
It appears that, of course, the informant is own brother of Munindra Prasad Singh but there is specific allegation that Munindra Prasad Singh and his son indiscriminately assaulted the informant and his family members. Ashok Kumar Singh has got as many as six injuries on different parts of his body. Ramwati Devi also got three injuries.
Considering the facts aforesaid, I am not inclined to enlarge petitioner No.1, Vikash Kumar Singh, on anticipatory bail. Accordingly, the same is rejected.
So far as the case of Urmila Devi and Sulekha Kumari, petitioners No.2 and 3 are concerned, they are ladies and no specific allegation is made against them. Accordingly, petitioners No.2 and 3, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this
Patna High Court Cr.Misc. No.11558 of 2018 (2) dt.27-02-2018 3/3 order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Madhubani in connection with Jai Nagar P.S. case No. 273 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T