Raju Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74092 of 2018 Arising Out of PS. Case No.-127 Year-2018 Thana- DHURAIYA District- Banka ======================================================

1. Raju Singh, Son of Ashok Singh, Resident of Village- Babu Dih, and P.S.- Banka, District- Banka.

2. Kailu Singh, Son of Late Battu Singh.

3. Jitan Singh, Son of Late Battu Singh.

4. Manju Devi, Wife of Jitan Singh.

5. Ram Prasad Singh, Son of Kailu Singh, All are resident of Village- Sarkai Gauda, P.S.- Dhoriya, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar For the Opposite Party/s :

Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons arrived at the house of the informant and assaulted the informant and his family members due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.74092 of 2018(2) dt.17-12-2018 2/2 petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Dhoriya P.S. Case No. 127/18, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T