Sri Niwash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63221 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- SIKARHATTA District- Bhojpur ====================================================== 1.

Sri Niwash Singh Son of Late Jatudi Singh Resident of Baghada Tola, P.S.- Sikrahata, District- Bhojpur.

2.

Mahendra Singh Son of Bachha Singh Resident of Baghada Tola, P.S.- Sikrahata, District- Bhojpur.

3.

Sri Ram Singh @ Bhikhar Singh Son of Shyamjeet Singh Resident of Baghada Tola, P.S.- Sikrahata, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sikrahatta P.S. Case No. 95 of 2019, registered under Sections 341, 323, 325, 354 and 379/34 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Act.

The accusation is that nine persons named in the F.I.R. including the petitioners variously armed with weapons came at the door of the informant, Bhampat Devi, and started to abuse. At that time, Rajesh Singh caught hold her heir and laid down and started to cause assault. Punam Devi and Mamta Devi snatched ear ring and gold chain from her. Thereafter, Sudarshan Singh and Bikhar Singh

Patna High Court CR. MISC. No.63221 of 2019(2) dt.21-10-2019 2/2 unfold her Sari and Chandrama Singh assaulted through lathi causing fracture injury at her leg. Thereafter, Vikash @ Chotu and Santosh Kuamr also caught hold her heir and assaulted through lathi. When her son, Pradeep Kumar made protest then Mahendra Singh (petitioner no.2) caused injury to him through fist and slaps. Learned counsel for the petitioners submits that while the petitioner nos. 1 and 3 are named in the F.I.R. but no specific overt act has been attributed against him whereas only allegation has been made against petitioner no. 2 to slap the son of the informant. Further submission is that petitioners have no criminal antecedent.

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 Learned S.D.J.M., Bhojpur, Ara, in connection with Sikrahatta P.S. Case No. 95 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.