Birendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69901 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- PAWANA District- Bhojpur ====================================================== 1.
BIRENDRA SINGH Son of Harihar Singh 2.
Harihar Singh Son of Baban Singh Both resident of Village - Pawar, P.S.- Pawna, District - Bhojpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar Singh For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-12-2019 Heard both sides.
The petitioners seek bail in Pawna P.S. Case No.32 of 2019 registered under Sections 341, 323, 324, 307, 448, 379, 504, 506 and 34 of the Indian Penal Code. Later on, Section 302 I.P.C. was added.
Indu Devi, the informant alleged that on 11.06.2019 at 5.00 in the morning, her father-in-law(Bhola Singh) and brotherin-law(Pintu Singh) were milking and washing their mouths. All of a sudden, Awadhesh Singh, Suresh Singh, Dharmendra Singh and Vikash Singh came and dragged her father-in-law and brother-in-law from there. They abused and assaulted the fatherin-law and brother-in-law of the informant with different weapons. The informant further disclosed that when her sister-
Patna High Court CR. MISC. No.69901 of 2019(3) dt.04-12-2019 2/3 in-law(Sandhya Devi) came to save, Ratnesh Singh, Ravindra Singh, Mohan Singh, Munna Singh, Pappu Singh, Akhilesh Singh, Kamlesh Singh, Harihar Singh(petitioner No.2), Birendra Singh(petitioner No.1) and Ajay Singh assaulted her mother-inlaw(Phoola Devi) and sister-in-law(Sandhya Devi). The learned counsel for the petitioners submits that petitioners are not assailants of Bhola Singh and Pintu Singh. Only four persons namely, Awadhesh Singh, Suresh Singh, Dharmendra Singh and Vikash Singh are alleged to have assaulted father-in-law and brother-in-law of the informant. Pintu Singh died during the course of treatment. Petitioners and others are alleged to have assaulted the mother-in-law and sister-in-law of the informant. Phoola Devi and Sandhya Devi got abrasion and bruise on their bodies and all the injuries appear to be simple in nature although doctor reserved opinion with regard to nature of injury.
Learned counsel for the informant and learned A.P.P. however opposed the prayer for bail.
It appears from perusal of the F.I.R. that petitioners are not assailants of the deceased(Pintu Singh) and informant's father-in-law(Bhola Singh). Petitioners and other accused persons are alleged to have assaulted mother-in-law and sister-
Patna High Court CR. MISC. No.69901 of 2019(3) dt.04-12-2019 3/3 in-law of the informant and from perusal of the injury report, it appears that Sandhya Devi got as many as three injuries which are bruise on left arm, right thigh and left thigh and all the injuries are simple in nature. Similarly, Phoola Devi got as many as four injuries which are lacerated wound, bruise and abrasion. Considering the aforesaid facts, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Smt. Savita Rani, J.M. 1st Class, Bhojpur at Ara in connection with Pawna P.S. Case No.32 of 2019.
(Prabhat Kumar Jha, J) Saurabh/- U T