Chandrika Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69297 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== 1.

Chandrika Singh Son of Late Inardeo Singh 2.

Sunil Singh Son of Chandrika Singh Both resident of Village - Bishambharpur, P.S.- Tariyani Chapra, Distt.- Sheohar.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr .Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-06-2020 Heard learned counsel appearing for petitioner no. 2, namely, Sunil Singh as well as learned Additional Public Prosecutor for the State through video conferencing. Petitioner no. 2, namely, Sunil Singh apprehends his arrest in connection with Tariyani Chapra P.S. Case No. 35 of 2019 registered for the offences punishable under Sections 341, 342, 323, 354, 316, 427, 447, 448, 379, 504, 506/34 of the Indian Penal Code.

Allegedly, petitioner no. 2 and other accused mercilessly assaulted the informant causing her miscarriage but the case diary goes to show that no sign of miscarriage was found on her person by the doctor who initially examined the

Patna High Court CR. MISC. No.69297 of 2019(4) dt.25-06-2020 2/2 victim. Furthermore, it would appear that till 12.11.2019, no injury report of informant showing her miscarriage could be obtained by the investigating officer. Moreover, submission on behalf of the petitioner no. 2 is that a counter case has been filed against the prosecution party and as a matter of fact, a petty scuffle had taken place between the parties on the point of tying she-buffalo but informant lodged the present case with exaggerated story.

Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that petitioner no. 2, namely, Sunil Singh, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sheohar in Tariyani Chapra P.S. Case No. 35 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T