Abhinandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57166 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- SALAKHUA District- Saharsa ====================================================== 1.

ABHINANDAN SINGH Son of Jamadar Singh, Resident of Village - Kama Asthan, O.P. - Chiraiya, P.S.- Slkhua, Dist.- Saharsa 2.

Umesh Singh Son of Late Kasi Singh, Resident of Village - Kama Asthan, O.P. - Chiraiya, P.S.- Slkhua, Dist.- Saharsa 3.

Niraj Singh @ Niraj Kumar Nirala Son of Vidyanand Singh, Resident of Village - Kama Asthan, O.P. - Chiraiya, P.S.- Slkhua, Dist.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-09-2019 Heard both sides.

Petitioners apprehend their arrest in Salkhua P.S. Case No.11 of 2019 registered under Sections 341, 323, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code. The informant named the petitioners along with other accused persons and alleged that on the pretext of lending and collecting money, the petitioners came and began to abuse the informant. Niraj Singh (petitioner no.3) is said to have assaulted the informant with lathi on his head. Abhinandan Singh (petitioner no.1) is alleged to have assaulted the mother of the informant with fists and slaps and snatched her chain and earring made of gold. Umesh Singh (petitioner no.2) is said to have exhorted them. On such, Anil Singh and Manjeet Singh assaulted the wife of the informant.

Patna High Court CR. MISC. No.57166 of 2019(2) dt.16-09-2019 2/2 Learned counsel for the petitioners submits that Salkhua P.S. Case No.10 of 2019 was registered on the basis of fardbeyan of Amirca Devi (mother of petitioner no.1). It is further submitted that the injury found on the person of the informant is simple in nature. Some altercation took place between two sides for lending and collecting money.

Having considered the facts and the nature of allegation made against the petitioners and the fact that there is a case and counter case in which both sides engaged in mutual assault with each other, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IV, Saharsa in connection with Salkhua P.S. Case No.11 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T