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Patna High CourtCR. MISC./69044/2023allowed

Nanhak Singh @ Raj Narayan Singh v. The State Of Bihar

2023-11-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69044 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

NANHAK SINGH @ RAJ NARAYAN SINGH son of Late Chingan Singh @ Jhigan Singh Village- Dhedhuan Ps- Chand Dist- Kaimur (Bhabua) 2.

SYAM SUNDAR SINGH @ SHYAM SUNDAR SINGH son of Late Chingan Singh @ Jhigan Singh Village- Dhedhuan Ps- Chand Dist- Kaimur (Bhabua) 3.

PINTU SINGH @ SACHCHIDANAND SINGH son of Late Jamuna Singh Village- Dhedhuan Ps- Chand Dist- Kaimur Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Pathak, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2023 Heard Mr.Rajesh Kumar Pathak, learned counsel for the petitioners and Mr.Dilip Kumar No.1, learned APP for the State. 2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341/323/324/307/354(B)/34 IPC. 3.

Petitioners are alleged to have misbehaved with the informant and her sister. On alarm, their father reached there and the petitioner nos.1 and 2 assaulted the informant on her head and they also assaulted her father by rod and lathi. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged, has ever

Patna High Court CR. MISC. No.69044 of 2023(2) dt.03-11-2023 2/2 taken place. There is a case and counter-case between the parties. Earlier, the petitioners' side has filed the case, thereafter, the present case has been filed by the informant. There is general and omnibus allegation against the petitioners. One of nose injury of the informant's father was found grievous in nature but it is not specific that the same has been inflicted by the petitioners. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners of causing the grievous injury, 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. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chand P.S. Case No.128 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T