Dara Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.48058 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48058 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ====================================================== Dara Singh, Son of late Nathuni Singh, Resident of Village-Kothia, P.S.- N.H. Bangra, District-Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with N.H. Bangra P.S. Case No. 57 of 2017 registered under Sections 341, 323, 307, 354, 504 and 506/34 of the Indian Penal Code. The accusation is that Shyama Devi, informant, along with her Gotani, Geeta Devi, was going to attend the marriage ceremony. In the way, due to grudge enmity, petitioner and his two sons, Vikash Kumar and Niraj Kumar started to abuse and assault to Geeta Devi. At that time, Vikash Kumar dragged to Geeta Devi on holding her heir and the petitioner gave spade blow at the head of Geeta Devi. On raising alarm, Pappu Singh and her

Patna High Court Cr.Misc. No.48058 of 2017 (2) dt.12-10-2017 husband, Surendra Singh, came to save her then they were also assaulted by the accused persons through lathi and spate. Learned counsel for the petitioner submits that due to land dispute, occurrence of Marpit took place, in which, petitioner's side also sustained injury, regarding which, Complaint Case No. 1018 of 2017 is also instituted on the basis of report of wife of the petitioner. Moreover, the injuries as found on the person of Geeta Devi, Pappu Singh and Surendra Singh, are simple in nature.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Samastipur, in connection with N.H. Bangra P.S. Case No. 57 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T