Santosh Kumar Singh @ Santosh Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61743 of 2017 Arising Out of PS. Case No.-79 Year-2017 Thana- DIGHWARA District- Saran ====================================================== SANTOSH KUMAR SINGH @ SANTOSH KR. SINGH S/o Nagina Singh, R/o Village- Purushottampur, P.S.- Dighwara, District at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. BRAJ KISHORE PRASAD, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2017 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 34, 504 and 506 of the Indian Penal Code. Prosecution case as per the written report submitted by Bharat Singh, before the Officer In-charge, Dighwara, Police Station, is to the effect that on 03.04.2017 at 7.00 AM while the informant was doing some agricultural work in the back side of his house, he heard some cry and when reached the place of occurrence he saw that petitioner Santosh Kumar Singh was forcefully taking away his daughter and when the informant tried to save her, the petitioner assaulted him with fists and pushed him on the ground. Thereafter, the petitioner gave knife

Patna High Court Cr.Misc. No.61743 of 2017(2) dt.21-12-2017 2/3 blow on the head of the daughter of the informant which hit on her right eyebrow. On alarm being raised, the family members came. In the meantime, Pappu Singh came there and assaulted with fists and slaps and threaten to kill him and snatched the golden locket from the daughter of the informant. It is submitted by learned counsel for the petitioners that the marriage of the son of the informant was settled which was subsequently not finalized, for which the informant was blaming the petitioner and in that course some scuffle took place. The petitioner is the neighbour of the informant. The injury of the informant has been found to be superficial simple in nature. Though one injury of marginal size of 1'x1/4x1/4 has been found on the eye brow of the daughter of the informant, but it is simple in nature. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Considering the nature of accusation and the nature of injury being caused, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on

Patna High Court Cr.Misc. No.61743 of 2017(2) dt.21-12-2017 3/3 furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Dighwara P.S. Case No.79 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T