Dabal Singh @ Diwakar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15974 of 2017 Arising Out of PS.Case No. -142 Year- 2016 Thana -MUFFASIL District- AURANGABAD ======================================================
1. Dabal Singh @ Diwakar Singh,
2. Deepak Singh @ Kariwa Singh @ Deepak Kumar @ Kariwa,
3. Chhotu Singh, all sons of Satyendra Singh, all resident of villageKhaira Bind, Khairi, Police Station- Muffasil, District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 02-05-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Muffasil P.S. Case No.142 of 2016 instituted for the offence under Section(s) 341, 323, 324, 307, 379, 504/34 Indian Penal Code. It has been submitted on behalf of the petitioners that the informant and the petitioners are the relatives. There is land dispute and several litigations are pending between them. As per written report, the petitioners made demand of ransom of rupees ten lacs when the informant went to get his land measured and they also assaulted.
Petitioners have enclosed Injury report of the informant as Annexure-3, wherein, the doctor has found abrasion
Patna High Court Cr.Misc. No.15974 of 2017 (2) dt.02-05-2017 2/3 on right little finger and right elbow, both simple in nature but opinion was reserved till the report of x-ray, haematoma on forehead as well as lacerated injury on right chest and the doctor advised for CT scan, but as per Annexure-4, the informant never appeared for CT scan in Sadar Hospital, Aurangabad. It is mentioned in para 3 of the petition that the petitioners have clean antecedents.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Muffasil P.S. Case No.142 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence
Patna High Court Cr.Misc. No.15974 of 2017 (2) dt.02-05-2017 3/3 or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- U T