Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71766 of 2021 Arising Out of PS. Case No.-394 Year-2021 Thana- MADHAURAH District- Saran ====================================================== 1.

JITENDRA SINGH S/o- Late ChandiSingh Resident of Village - Awari, P.S. - Marhaura, District - Saran, Bihar.

2.

KapilDev Singh S/o- Late ChandiSingh Resident of Village - Awari, P.S. - Marhaura, District - Saran, Bihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhakar Nath Rai For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323, 324, 354(3), 307/34 of the Indian Penal Code.

Allegedly, the petitioners along with others tried to outrage the modesty of the informant. It is further alleged that the petitioners and other accused persons assaulted the informant's side by means of deadly weapons due to which they sustained injuries.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.71766 of 2021(5) dt.29-08-2022 2/3 They have been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties. There is a case and counter-case between the parties. In the alleged occurrence both sides sustained injuries and the injuries are simple in nature. He further submits that there is a compromise between the parties and the informant has been granted bail by the court below in connection with Marhaura P.S. Case no.386 of 2021. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is a compromise between the parties, let the above named petitioner be released on bail, in the event of their arrest or surrender before the learned court 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 Marhaura P.S.

Patna High Court CR. MISC. No.71766 of 2021(5) dt.29-08-2022 3/3 Case No.394 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T