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Patna High CourtCR. MISC./73476/2019bail granted

Ram Ekbal Singh v. The State Of Bihar

2019-11-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73476 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- CHENARI District- Rohtas ====================================================== 1.

RAM EKBAL SINGH S/o Deonath Singh R/o village- Khalashpur, P.S.- Chenari, Distt.- Rohtas (Sasaram) 2.

Sunil Kumar Singh S/o Ram Ekbal Singh R/o village- Khalashpur, P.S.- Chenari, Distt.- Rohtas (Sasaram) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Giridhar Gopal Tiwary For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Chenari P.S.Case No.38 of 2019 , registered for offences punishable under Sections 341, 323, 307, 448, 504, 506, 379, 354A/34 of the Indian Penal Code.

As per FIR, there is allegation that the petitioners have gone to the house of the informant and there is allegation of assault against the other accused persons and so far these petitioners are concerned, it is stated that when she became unconscious they have taken away the ornaments and another articles.

Submission of the learned counsel for the petitioners is

Patna High Court CR. MISC. No.73476 of 2019(2) dt.21-11-2019 2/2 that the informant is the wife of the petitioner no.1 and there is dispute between the parties and moreover FIR itself shows that she became unconscious and during that condition naming the petitioner as the person who has taken away the articles does not inspire confidence and that appears to be ornamental .

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM II, Sasaram at Rohtas in connection with Chenari P.S.Case No.38 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T