Pinku Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52431 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -DHANKUND District- BANKA ======================================================

1. Pinku Singh, S/o Ambika Singh,

2. Sonu Singh S/o Ranjeet Singh, Both 1 and 2 are R/o Vill.- Fulwaria, P.S.- Dhankund, District- Banka.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dilip Kumar For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

The prosecution case, in brief, is that on the petty issue, an altercation took place and thereafter, the accused persons assaulted the informant and others.

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 petitioner No. 1 is alleged to have caused injury to China Devi. So far petitioner No. 2 is concerned, he is said to have assaulted Sangita Devi. So far victim Sangita Devi is concerned, there is no

Patna High Court Cr.Misc. No.52431 of 2018 (2) dt.10-09-2018 injury report to support the accusation of injury in respect of her. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R. The petitioner No. 1 is alleged to have caused grievous injury upon China Devi. Accordingly, prayer for anticipatory bail of petitioner No. 1 is rejected.

Anyhow, the petitioner No. 1 surrenders and seeks regular bail, the same shall be considered and disposed of on its own merit without being prejudiced by this order.

So far as petitioner No. 2 named above is concerted, let the petitioner No. 2, 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 Additional Chief Judicial Magistrate-IV, Siwan in connection with Dhankund P.S. Case No. 34 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T