Damodar Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.57784 of 2017 (2) dt.19-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57784 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Damodar Singh, S/o Baban Singh,

2. Vidyawati Devi, W/o Damodar Singh, Both are R/o Village- Hanuman Mandir behind Golambar Vishwamitra Colony, P.S.- Buxar (Ind), DistrictBuxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Singh For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Buxar (Ind) P.S. Case No. 48 of 2016, registered under Sections 452, 351, 323 and 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that the informant, Chhatu Choudhary, along with other family members was present at his house and talking about the election. At that time, petitioners along with their sons, Brajesh Singh and Chhotu Singh came there and started to abuse. On protest made by the informant, they told that why water is leaking on their land from his house. In the

Patna High Court Cr.Misc. No.57784 of 2017 (2) dt.19-12-2017 meantime, petitioner no. 1 started to cause assault to the informant and his sons Chhotu Singh and Brajesh Singh started indiscriminate firing with intention to kill him. Learned counsel for the petitioners submits that, in fact, hot talk was exchanged in between the petitioners and the informant due to leaking water by the informant due to that reason informant has lodged the present case with false allegation. Moreover, no any injury was sustained by the informant. Having regard to the facts and circumstances of the case, let the above named petitioners 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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Buxar (Ind) P.S. Case No. 48 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T