Gorakh Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54063 of 2016 Arising Out of PS.Case No. -76 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Gorakh Singh, Son of Late Jagarnath Singh,
2. Muni Devi, wife of Gorakh Singh
3. Bhanu Singh,
4. Rabindra Singh, both are son's of Bharat Singh
5. Shobha Devi, Wife of Bharat Singh, All are resident of village - Shishwa Chaubey Tola, P.S. Paharpur, District - East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Paharpur P.S. Case No. 76 of 2016 for the offences punishable under sections 147, 148, 149, 341, 323, 324, 325, 307, 504 and 506 of the I.P.C. On behalf of the petitioners it is submitted that the petitioners have been falsely implicated in this case due to the land dispute. The petitioner nos. 2 and 5 are ladies and against them there is allegation for assaulting the informant with Mungri and the informant has received simple injury. Against petitioner no.1
Patna High Court Cr.Misc. No.54063 of 2016 (3) dt.30-01-2017 2/3 Gorakh Singh there is allegation for assaulting Awadhesh Singh with iron rod on his head and Awadhesh Singh also received simple injury. Against petitioner Bhanu Singh there is allegation for assaulting Shambhu Singh with lathi on his head and Shambhu Singh has received grievous injury. Against petitioner Rabindra Singh there is allegation for assaulting Ashish Kumar with Tangi and Ashish Kumar also received simple and grievous injury. No injury has been found dangerous to life and as such the petitioners deserve sympathetic consideration.
The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners by submitting that Ashish Kumar and Shambhu Singh have received grievous injury.
In the facts and circumstances as stated above, considering the allegation attributed against petitioner nos. 3 and 4, namely Bhanu Singh and Rabindra Singh, I am not inclined to grant privilege of pre-arrest bail to them and accordingly their such prayer stands rejected.
So far petitioner nos. 1, 2 and 5, namely, Gorakh Singh, Muni Devi and Shobha Devi are concerned, considering that there is no specific allegation attributed against them, they, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail
Patna High Court Cr.Misc. No.54063 of 2016 (3) dt.30-01-2017 3/3 on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. C.J.M. Motihari, East Champaran in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T