Tapeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68215 of 2019 Arising Out of PS. Case No.-221 Year-2019 Thana- BIKRAM District- Patna ====================================================== 1.

Tapeshwar Singh, Son of Late Sakaldeo Singh Resident of VillageMahajpura, Police Station- Bikram in the district of Patna. 2.

Vikash Kumar Son of Mukesh Singh Resident of Village- Mahajpura, Police Station- Bikram in the district of Patna.

3.

Akash Kumar Son of Mukesh Singh Resident of Village- Mahajpura, Police Station- Bikram in the district of Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bikram P.S. Case no. 221 of 2019, registered under Sections 341, 323, 307, 354 and 504/34 of the Indian Penal Code.

The accusation is that on 15.07.2019, while Indrajeet Kumar, brother of the informant, was at his door, at that time, Tapeshwar Singh (Petitioner No.1) and his sons Mukesh Singh, Ramesh Singh, Vikash Kumar and Akash Kumar having lathi, stick and rod in their hands came there and

Patna High Court CR. MISC. No.68215 of 2019(2) dt.18-11-2019 2/3 started to abuse. On protest, they caused assault through lathi and stick to Indrajeet Kumar, brother of informant, in which he sustained head injury, when Chumchum Devi, wife of informant rushed then they torn her clothes and snatched her gold chain.

Learned counsel for the petitioners submits that, in fact, occurrence of Marpit took place due to petty matter regarding which Bikram P.S. Case No. 220 of 2019 was instituted on the basis of written report of Ramesh Sharma against the informant and others. Moreover, the injuries as found on the person of informant and his brother Indrajeet Kumar are simple in nature, except, injury as found on the middle finger of Indrajeet Kumar regarding which opinion has been kept reserved. The 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate-VI, Danapur, Patna in connection with

Patna High Court CR. MISC. No.68215 of 2019(2) dt.18-11-2019 3/3 Bikram P.S. Case No. 221 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T