Fato Singh @ Foto Singh @ Ramanand Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71207 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- TIKAPATTI District- Purnia ====================================================== 1.
FATO SINGH @ FOTO SINGH @ RAMANAND MANDAL S/o Late Faudari Mandal R/o Village- Sipha, P.S.- Tikapatti, Distt- Purnea. 2.
Sucha Devi W/o Sri Fato Singh @ Foto Singh @ Ramanand Mandal R/o Village- Sipha, P.S.- Tikapatti, Distt- Purnea. 3.
Kacho Devi @ Kanchan Devi D/o Sri Fato Singh @ Foto Singh @ Ramanand Mandal R/o Village- Sipha, P.S.- Tikapatti, Distt- Purnea. 4.
Budhiya Devi @ Gunjan Devi D/o Sri Fato Singh @ Foto Singh @ Ramanand Mandal R/o Village- Sipha, P.S.- Tikapatti, Distt- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Anand For the Opposite Party/s :
Mr. Jagdhar Prasad Mr. Bijendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 354, 307, 379, 506 and 34 of the Indian Penal Code. Allegedly, the petitioners and other co-accused persons in furtherance of common intention surrounded the wife of the informant and brutally assaulted her by means of several weapons due to which she sustained injuries
Patna High Court CR. MISC. No.71207 of 2022(3) dt.08-05-2023 2/3 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. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. The specific allegation is against co-accused Chhathu Singh to assault the wife of the informant by means of iron rod and due to which she sustained grievous injury. Petitioners have no criminal antecedent.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the petitioners are also involved in the present case.
Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, 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
Patna High Court CR. MISC. No.71207 of 2022(3) dt.08-05-2023 3/3 learned court below where the case is pending/Successor Court in connection with Tikapatti P.S. Case No.66 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T