Ramakant Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30216 of 2017 Arising Out of PS.Case No. -361 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ramakant Singh Son of Late Sahdeo Singh
2. Munna Singh Son of Dhurb Narayan Singh @ Dhurb Narayan Rai
3. Vijay Singh Son of Late Magani Singh
4. Rajeev Kumar @ Raju Singh Son of Late Vakil Singh all are resident of Village- Kanchedwa Utari Tola, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-07-2017 Heard both sides.
The petitioners are apprehending arrest in connection with Harsidhi P.S. Case no. 361 of 2016 registered for the offence under Sections 147, 323, 324, 354, 379, 436 and 504 of the I.P.C. The informant has alleged that all the six F.I.R. named accused persons forming an unlawful assembly came at her Bathan and on the order of petitioner Rama Kant Singh accused Munna Singh sprinkled Kerosene Oil and set her house on fire. It has been further alleged that when the villagers assembled, the petitioner open fire in the air. The other co-accused assaulted the informant and took golden chain from her neck. The petitioner
Rama Kant Singh further inflicted knife blow on her neck causing injuries.
On perusal of annexures on record, I find that the informant sustained three bruise injuries caused by hard and blunt substance, and one incised wound on the right part of neck measuring 4"x1/2x1/2" caused by sharp edged object. This injuries is attributed to petitioner no. 1 who is involved in nine more cases, some of which are of serious nature. So, considering the direct allegation of inflicting injuries on neck and antecedent, the anticipatory bail prayer of the petitioner no. 1 Rama Kant Singh is rejected.
So far petitioner nos. 2 to 4 are concerned, the allegation against them is omnibus. These petitioners are next door neighbours of the informant and a land dispute is existing between the parties. There is also a counter case bearing Harsidhi P.S. Case no. 362 of 2016, so considering the omnibus allegations, facts and circumstances, the anticipatory bail prayer of the petitioner nos. 2 to 4 are allowed. These petitioners no. 2 to 4 above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East
Champaran in connection with Harsidhi P.S. Case no. 361 of 2016, subject to the condition as laid down under Section 438(2), the code of Criminal Procedure.
(Sanjay Kumar, J) rohit/- U T