Ram Prakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55908 of 2019 Arising Out of PS. Case No.-406 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== 1.
RAM PRAKASH SINGH, aged about 55 years, Male, Son of Late Ramdhan Singh, Resident of Village- North Bhadas, P.S.- Muffasil, District- Khagaria 2.
Sunil Singh, aged about 47 years, Male, Son of Late Ramdhan Singh, Resident of Village- North Bhadas, P.S.- Muffasil, District- Khagaria 3.
Raju Singh @ Raju Kumar, aged about 25 years, Male, S/O Ram Prakash Singh, Resident of Village- North Bhadas, P.S.- Muffasil, District- Khagaria 4.
Gulshan Singh, aged about 27 years, Male, S/O Sunil Singh, Resident of Village- North Bhadas, P.S.- Muffasil, District- Khagaria 5.
Pinku Singh, aged about 28 years, Male, S/o Ram Prakash Singh, Resident of Village- North Bhadas, P.S.- Muffasil, District- Khagaria ... Petitioners
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Binod Kumar, Adv.
For the Opposite Party :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
The petitioners seek pre-arrest bail in connection with Khagaria (Muffasil) P.S. Case No. 406 of 2019 (G.R. No. 1595 of 2019) for the offences alleged under Sections 448, 147, 149, 323, 307 and 504 of the Indian Penal Code.
The accusation is that in the evening of 09.06.2019 petitioners came in the courtyard of the informant, Sikendra Singh, and started to abuse, when he made protest, then, they started to cause assault, in which his son, Jawahar Singh and
Patna High Court CR. MISC. No.55908 of 2019(2) dt.03-09-2019 2/3 Dharmendra Singh and daughter-in-law, Manju Devi, sustained blood oozing injuury on their heads.
The submission of the learned counsel for the petitioners is that petitioners and informant are pattedar and due to family dispute occurrence of marpeet took place in which petitioners' side also sustained injury, regarding which Khagaria (Muffasil) P.S. Case No. 407 of 2019 is also instituted on the basis of written report of Raju Singh @ Raju Kumar (petitioner no. 3). Further, submission is that in fact the injury as found on the persons of the injured are simple in nature while at the time of disposal of pre-arrest bail of the petitioner case diary was received, but, injury report was not in the case diary. Petitioners have no criminal antecedent.
Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.
Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Khagaria (Muffasil) P.S. Case No. 406 of 2019 (G.R. No. 1595 of 2019) shall be released on pre-arrest bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.55908 of 2019(2) dt.03-09-2019 3/3 the Chief Judicial Magistrate, Khagaria, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J) Shamshad/- U T