Kaushal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42892 of 2014 Arising Out of PS.Case No. -132 Year- 2013 Thana -AKBARPUR District- NAWADA ======================================================

1. Kaushal Singh Son of Ravindra Singh R/o Gangta, P.S. Akbarpur, District Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. B.Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 341, 323, 448, 376/511, 307, 379 and 504/34 of the I.P.C. Allegedly, co-accused Bankey Singh after entering into the house of the informant tried to outrage the modesty of his wife and on alarm being raised when the informant went there he was assaulted and the petitioner and others also came and entered into the house and they assaulted with lathi, danda and iron-rod and the petitioner gave rod blow on the head of the informant causing injury and others also assaulted the informant and when Bablu Singh, Mukesh Singh and Mahesh Singh came for rescue

Patna High Court Cr.Misc. No.42892 of 2014 (2) dt.16-04-2015 2/2 they were also assaulted and then co-accused Shankar Singh took away Rs. 665/- from pocket of the informant.

Submission is of false implication and that there is case and counter case bearing Akbarpur P.S. Case No. 133 of 2013. The injury report of the informant, copy of which is annexed as Annexure-2, goes to show that he has received injury simple in nature caused by hard and blunt object. Co-accused Bankey Singh and others have also received injury and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes.

Considering that against the petitioner there is no allegation of outraging the modesty and the injuries found on the person of the informant are simple in nature and as such the petitioner in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Nawada in Akbarpur P.S. Case No. 132 of 2013, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T