Bira Singh @ Bina Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49304 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- MUFFASIL District- Aurangabad ======================================================
1. Bira Singh @ Bina Singh, S/o Haridwar Singh,
2. Santosh Singh @ Santosh Kumar S/o Ajay Kumar Singh,
3. Sujeet Kumar @ Sajit Kumar S/o Ajay Kumar Singh,
4. Munna Singh @ Munna Kumar @ Muna Kumar S/o Ajay Kumar Singh,
5. Rahul Kumar S/o Ramesh Singh,
6. Ram Pravesh Singh S/o Bhola Singh, All R/o Vill.- Kunda, P.S.- Muffasil, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehends their arrest in connection with Muffasil P.S. Case No. 95 of 2018 registered for the offence punishable under Sections 341, 323, 354, 379, 448, 427/34 of the Indian Penal Code. Informant in her written complaint has stated that on 05.06.2018 at about 10:00 pm petitioners along with Ajay Kumar and Rishu Kumar break open the door and entered her house. Thereafter Ajay Kumar torn her blouse
Patna High Court Cr.Misc. No.49304 of 2018(2) dt.11-09-2018 2/3 and thrashed her on the ground. Santosh Kumar assaulted on her head with Khanti. Munna Kumar and Sujit Kumar assaulted her son and her Daughter-in-Law with danda and snatched golden chain and cash of Rs. 20,000/-. When my husband protested then Rishu Kumar and Bira Singh assaulted him and thereafter Rahul Kumar came and broken the Electric Motor installed in her house.
It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case due to land dispute. It has been further submitted that the petitioners and informant are own Gotiyas. This case is counter blast of Complaint No. 1505 of 2017 in which the husband of the informant is complainant. Petitioners have got no criminal antecedent.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M. Aurangabad, in connection with Muffasil P.S. Case No.
Patna High Court Cr.Misc. No.49304 of 2018(2) dt.11-09-2018 3/3 95 of 2018 subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(S. Kumar, J) ranjan/- U