Lakhindra Singh @ Lakhindra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60383 of 2023 Arising Out of PS. Case No.-421 Year-2022 Thana- RUPASPUR District- Patna ====================================================== 1.
LAKHINDRA SINGH @ LAKHINDRA KUMAR SINGH S/O LATE BALRAM SINGH MOHALLA CHHOTI RUKANPURA, NALAPUR, PSAIRPORT, DIST- PATNA 2.
SHOBHA SINGH WIFE OF LAKHINDRA SINGH MOHALLA CHHOTI RUKANPURA, NALAPUR, PS- AIRPORT, DIST- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar For the Opposite Party/s :
Mr. Atul Chandra For the Informant :
Mr. Sunil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 337, 504, 506/34 of the Indian Penal Code.
3. As per the FIR, on account of a dispute, the petitioners along with other co-accused persons abused the husband of the informant and also assaulted him due to which he got injured. When the son of the informant came to save her husband, he was also assaulted by the accused persons.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such
Patna High Court CR. MISC. No.60383 of 2023(4) dt.19-03-2024 2/3 occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the sister and brother-in-law of co-accused Mukesh Kumar and there is no specific overt act against them. They are also living separately from the co-accused Mukesh Kumar. He further submits that earlier the case was instituted for the offences u/s 307 and other allied Sections of the IPC but later on Section 302 was added as the injured person, namely, Kedar Singh died during the course of treatment. He further submits that a free fight occurred between the parties and as per the injury report, the injured person died due to fall from height. He further submits that there is a case and counter-case between the parties and son of the informant has been granted anticipatory bail by this Court in the counter case. Petitioner no.1 has two criminal antecedent and petitioner no.2 has no criminal antecedent.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as there is general and omnibus allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court
Patna High Court CR. MISC. No.60383 of 2023(4) dt.19-03-2024 3/3 below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rupaspur P.S. Case No.421 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T