Vijay Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40921 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -MAHILA P.S. District- NAWADA ======================================================
1. Vijay Singh, Son of Sri Kameshwar Singh,
2. Rajesh Singh @ Rajesh Kumar Son of Late Janki Singh, Both are R/o Village- Daulatpur, P.S.- Warsaliganj, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioner as well as the State.
The petitioners apprehend their arrest in Mahila (Nawada) P.S. Case No. 30/2017 instituted for the offences under Sections 143, 341, 323, 354(B), 504, 506/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that there is land dispute between the parties, for which Title Suit No. 148 of 2014 is pending. There is allegation against petitioner no. 1 that he assaulted the informant on her private part, but no such injury has been found on the person of the informant. There is general and omnibus allegation against petitioner no. 2 that he pulled the informant from her house.
Patna High Court Cr.Misc. No.40921 of 2017 (2) dt.04-09-2017 2/3 It has been further submitted that there is counter case vide Mahila P.S. Case No. 28/2017 instituted under Sections 376 and 504 of the Indian Penal Code and Section 6 of the POCSO Act by Manju Devi, wife of Rajesh Kumar. There is specific allegation against Anil Kumar @ Anil Singh, husband of Rekha Devi of assault and of trying to commit rape with Priya Kumari, daughter of Rajesh Kumar, which would appear from the statement of Priya Kumari recorded under Section 164 of the Cr.P.C. (Annexure-3) in that case. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Mahila (Nawada) P.S. Case No.
30/2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Nawada, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court Cr.Misc. No.40921 of 2017 (2) dt.04-09-2017 3/3 evidence 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.) Rakhi U T