Ravindra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72738 of 2018 Arising Out of PS. Case No.-490 Year-2017 Thana- MOHANIYA District- Bhabhua (Kaimur) ====================================================== Ravindra Singh S/o Late Dalsingar Singh, R/v- Kurra, P.S.- Mohania, Distt.- Kaimur Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No-1 For the Opposite Party/s :

Mr.Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-01-2019 Heard the parties.

Petitioner seeks pre-arrest bail in Mohania P.S.Case No.490 of 2017 registered under Sections 302, 34, 307, 326 of the I.P.C. and Section 27 of the Arms Act.

Allegation as per the F.I.R. has been made that in the night of 8/9.9.2017 while the informant Kiran Devi along with her father, mother and her sister Sushmita Kumari was sleeping in her thatched house, three named accused Dimple Singh, Niraj Singh and Pradip Singh with unknown 4-5 miscreants entered into her house after breaking thatched door and started firing upon them. Dimple Singh fired upon the father of the informant and Niraj Singh and Pradip Singh fired upon her mother causing firearm injury as a result of which both fell down and in course

Patna High Court Cr.Misc. No.72738 of 2018(3) dt.30-01-2019 2/3 of which the informant and her sister Shushmita Kumari also sustained firearm injury in their hand and leg and thereafter all injured were rushed to the hospital for treatment by the police. Cause of the occurrence as detailed by the informant is that there was love affairs between Juhi Kumari (sister of accused Dimple Singh) and Dharmendra Choudhary(brother of the informant) before six months and Dharmednra Choudhary went to Delhi. Later on Juhi Kumari went to Delhi near brother of the informant Dharmendra Choudhary on account of which accused Dimple Singh and Niraj Singh had given threatening to the family members of the informant to shot them dead. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R.

nor name of the petitioner has been disclosed in this case. On mere suspicion the petitioner has been dragged in this case. Even in course of investigation police took the third statement of the informant after some days wherein also name of the petitioner is not found. It has come in para 122 of the case diary that the police apprehended one Himanshu in course of investigation who raised suspicion against the petitioner showing his involvement in this case and except that nothing has been collected by the I.O. of this case.

Patna High Court Cr.Misc. No.72738 of 2018(3) dt.30-01-2019 3/3 accused in this case because he is accused in five other cases also as detailed in para 3 of the petition but he is on bail in all the aforesaid five cases.

Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the learned court below 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 the Chief Judicial Magistrate, Kaimur (Bhabua), in Mohania P.S. Case No.490 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and further condition that one surety must be of his own relative.

(Rajendra Kumar Mishra, J) aks/- U