Kishun Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43294 of 2018 Arising Out of PS. Case No.-40 Year-2016 Thana- ROUH District- Nawada ======================================================

1. Kishun Singh, S/o Late Sharan Singh,

2. Rahul Kumar Singh S/o Kishun Singh,

3. Urmila Devi W/o Kishun Singh, All R/o Vill.- Sundara, P.S.- Roh, District- Nawada.

4. Ranjit Singh @ Jitendra Kumar Singh S/o Sheodani Singh, R/o Durgapur, P.S.- Bardhwan, West Bengal, District- Bardhwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Roh P.S. Case No. 40 of 2016 registered for offences under sections 323, 452, 406, 420, 504 of the Indian Penal Code.

In the present case, a complaint was lodged making an allegation that about 10 years ago, the petitioners had borrowed Rs. 25,000/- from the Informant on the pretext of selling two kathas of land along with Sisam tree to the Informant in presence of Brahamdeo Yadav, Triloki Yadav and Dwarika Yadav. On 22.6.2014, when the Informant demanded

Patna High Court Cr.Misc. No.43294 of 2018(2) dt.19-07-2018 2/2 the said money, then the petitioners lost their temper and assaulted with first and slaps as also abused him. Learned counsel for the petitioners submits that the whole story of the Informant is concocted, the Panchayati was organized in which a decision was taken to make payment of Rs. 18,000/- to the Informant which has been paid to him. Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released 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 Additional Chief Judicial Magistrate-II, Nawada in connection with Roh P.S. Case No.

40 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U