Jitendra Kumar Singh @ Jitendra Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52136 of 2018 Arising Out of PS. Case No.-59 Year-2017 Thana- MADANPUR District- Aurangabad ======================================================
1. Jitendra Kumar Singh @ Jitendra Singh, S/o Late Madan Mohan Singh, R/o Quarter No. 3194, Street No.-09, Sector -4/E, Bokaro Steel City, P.O. & P.S.- Harna Thana, Sector-4, District- Bokaro, Jharkhand.
2. Fulmati Devi W/o Late Madan Mohan Singh, R/o Quarter No. 3194, Street No.-09, Sector - 4/E, Bokaro Steel City, P.O. & P.S.- Harna Thana, sector-4, District- Bokaro, Jharkhand. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamal Kishor Singh For the Opposite Party/s :
Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 302 and 34 of the Indian Penal Code. The prosecution allegation, in short, is that in the back drop of dispute in harvesting the crops, accused persons including the petitioners assaulted the father of the informant who later succumbed to the injury.
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 petitioners. The petitioners have falsely been implicated in the
Patna High Court Cr.Misc. No.52136 of 2018(2) dt.27-09-2018 2/2 present case. As per the allegation, the petitioners are alleged to have caught hold of the deceased at the time of occurrence. The said allegation has been disbelieved by the I.O. in course of investigation and final form has been submitted against the petitioners. Petitioner no. 2 is a lady. The Court below has differed with the said police report and has taken cognizance for the alleged offence against the petitioners.
On behalf of the State and the informant, 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, Aurangabad in connection with Madanpur P.S. Case No. 59 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T