Bolbam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6979 of 2017 Arising Out of PS.Case No. -167 Year- 2016 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ====================================================== Bolbam Singh, Son of Ganga Prasad Singh, resident of VillageAnandgolwa Harilal, Police StationMohiuddin Nagar, DistrictSamastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Singh, Advocate Mr. Amit Kashyap, Advocate For the Opposite Party : Mr. Akbar Ali (APP-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Mohiuddin Nagar P.S. Case No. 167 of 2016, registered for the offences punishable under Sections 448, 341, 323, 324, 354, 379/34 of the Indian Penal Code.

Allegedly, the petitioner and other co-accused named in the F.I.R. attacked at the house and assaulted the son of the informant causing injury on his head, neck and different parts of the body and further they took away gold chain from the neck of the son of the informant and when the informant went for rescue she was also assaulted by them. Iron stool was used to assault the son of the informant.

Submission is of false implication and that under

Patna High Court Cr.Misc. No.6979 of 2017 (2) dt.27-02-2017 2/2 misconception this case has been lodged. After knowing the fact the informant has filed compromise petition with Harendra Prasad Singh and others and as the petitioner was not present on that date so he has not participated in the compromise, there is no specific allegation against the petitioner. Harendra Prasad Singh @ Hari Singh, Santosh Kumar Singh and Subhash Kuamr Singh son of Awadhes Singh have been allowed pre-arrest bail vide Cr. Misc. No. 7435 of 2017 by another co-ordinate Bench of this court and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that three similarly situated co-accused have been allowed pre-arrest bail.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks 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 learned A.C.J.M. 4th, Samastipur, in connection with Mohiuddin Nagar P.S. Case No. 167 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.)