Patna High CourtCR. MISC./56981/2018partly allowed disposal

Ram Babu Singh And ORS v. The State Of Bihar

2018-10-06Mr. Justice Ashwani Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56981 of 2018 Arising Out of PS.Case No. -183 Year- 2018 Thana -DARIYAPUR District- SARAN ======================================================

1. Ram Babu Singh,

2. Tuntun Singh Both are Son of Bhairo Singh, R/o Vill.- Dariyapur Bazar, P.S.- Dariyapur, District- Saran.

3. Munna Devi W/o Bhairo Singh,

4. Ruby Devi W/o Lal Babu Singh,

5. Seema Devi W/o Shyam Babu Singh,

6. Monika Devi W/o Ram Babu Singh,

7. Sonu Singh S/o Ram Pal Singh, All R/o Vill.- Pahleja, P.S.- Sonepur, District- Saran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Dariyapur P.S. Case No. 183 of 2018 registered under Sections 341, 323, 324, 325, 379, 354 and 307 read with 34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.56981 of 2018 (2) dt.06-10-2018 2/3 It is submitted by the learned counsel for the petitioners that co-accused Bhairo Singh is full brother of the informant and there is old standing land dispute between them. The specific allegation is only against petitioner no.1, Ram Babu Singh, that he assaulted the informant and his wife with rod causing fracture injury and snatched Mangalsutra and chain from the wife and son of the informant respectively. As far as other co-accused persons are concerned, there are general and omnibus allegations against them. He further contended that the injuries on the person of the informant and his family members are either simple or the opinion is reserved. Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioners. Considering the submissions made above, the prayer for grant of pre-arrest bail to the petitioner no.1, Ram Babu Singh is rejected.

As far as petitioner nos. 2 to 7, namely, Tuntun Singh, Munna Devi, Ruby Devi, Seema Devi, Monika Devi and Sonu Singh are concerned, in the event of arrest or surrender in the court below within six weeks from today, they are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.56981 of 2018 (2) dt.06-10-2018 3/3 satisfaction of the learned A.C.J.M.-IV, Saran at Chapra in connection with Dariyapur P.S. Case No. 183 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T