Praduman Singh @ Kari Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50471 of 2016 Arising Out of PS.Case No. -101 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Praduman Singh @ Kari Singh son of Raj Narayan Singh Resident of Village- Sohrathi, Police Station- Jandaha, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar @ Vijay Kr. Singh For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-02-2017 Supplementary affidavit has been filed on behalf of the petitioner stating therein that the petitioner was made accused in connection with Gandhi Maidan P.S. Case No. 266 of 2015 registered under sections 302 and other allied sections of the I.P.C. and that case was not within his knowledge as the matter is of another district. The petitioner has filed Complaint Case No. 1180 of 2015 in which Shobha Devi and others are accused and the present case has been filed in retaliation and revenge of the above stated complaint case. Let it be kept on the record. Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Informant.
In this application for anticipatory bail the petitioner
Patna High Court Cr.Misc. No.50471 of 2016 (5) dt.13-02-2017 2/3 apprehends his arrest in connection with Jandaha P.S. Case No. 101 of 2015 for the offences punishable under sections 448, 341, 323, 325, 504, 506, 354, 380, 427 and 34 of the I.P.C. Allegedly, the petitioner gave order to kill the informant and then all the accused persons started assaulting her with ladhi-danda resulting her left hand was broken and the petitioner removed her Saree due to which she became semi naked and thereafter the petitioner and other accused persons took away all the articles including gold ornaments.
Submission is of false implication and that the present FIR has been lodged after about two months, there is dispute between the parties with regard to transfer of land and due to that the petitioner is being implicated in false cases, for the occurrence of 09.04.2015 FIR has been lodged on 05.06.2015 and as such the petitioner deserves sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for pre-arrest bail of the petitioner by submitting that earlier the occurrence was committed on 09.04.2015 and again the occurrence was committed on 05.06.2015 and on 05.06.2015 the FIR has been lodged so there is no delay.
In the facts and circumstances as stated above,
Patna High Court Cr.Misc. No.50471 of 2016 (5) dt.13-02-2017 3/3 considering enmity between the petitioner and the informant and further that complaint case has already been filed against the informant and others by the petitioner and as such the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. Sri Ravi Kumar, J.M. 1st Class, Vaishali, Hajipur in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T