Bipin Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39967 of 2018 Arising Out of PS.Case No. -55 Year- 2017 Thana -JURAWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Bipin Kumar Singh,

2. Dilip Singh @ Krishna Bhushan Singh, Both are son of Raghunath Singh, Resident of Village- West Raghopur, P.S.- Jurawanpur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-07-2018 Heard both sides.

The petitioners apprehend their arrest in Jurawanpur P.S. Case No.55 of 2017 registered under Sections 307 and other minor Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant named the petitioners along with other accused persons and alleged that while he was returning to his house on 30.09.2017, in between 2.00 to 2.30 A.M. after watching Durga Puja, the petitioners and other accused persons caught him and tied towel around his neck. They started dragging him but the informant managed to flee away. The informant further alleged that the accused persons made firing which hit on the lower side of

the left leg of the informant.

The learned counsel for the petitioners submits that all the allegations made in the F.I.R. are false and concocted. The present case was lodged after three days of the occurrence. On 30.09.2017, petitioner No.2, Dilip Singh @ Krishna Bhushan Singh lodged Jurawanpur P.S. Case No.50 of 2017 under Section 307 and other Sections of the I.P.C. and Section 27 of the Arms Act. The accused persons and others had earlier kidnapped the daughter of the petitioner No.2 for which Case No.35 of 2017 was registered. All the accused persons on 30.09.2017 came to the house of the informant and began to fire. They were asking to withdraw the case. The police arrived at the place of occurrence and recovered empty cartridges and other articles of the accused persons.

It is further submitted that this case has been lodged only to create defence of Jurawanpur P.S. Case No.50 of 2017. It appears that prior to institution of the case, Jurawanpur P.S. Case No.50 of 2017 has been lodged by Krishna Bhushan Singh @ Dilip Singh, petitioner No.2 for kidnapping of his daughter. Case No.35 of 2017 was also registered and petitioner No.2 alleged that the accused persons on 30.09.2017 having armed with different weapons made indiscriminate firing. The informant also lodged the case on 30.09.2017.

Considering the facts aforesaid, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VIIIth, Vaishali in connection with Jurawanpur P.S. Case No.55 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T