Markende Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66334 of 2018 Arising Out of PS. Case No.-356 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Markende Singh, S/o Late Dhodha Singh, R/o Chaubey Tola, P.S.- Chanpatiya, District- West Champaran.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate.

For the Opposite Party :

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 323, 324, 307, 427, 447, 379, 506 and 504 of the IPC.

The prosecution story, in brief, is that on 12.08.2018 at 11.00 A.M. when the informant was sitting at his door with his children, co-accused Dhuran Singh started throwing Bamboo Tanti fixed at the land situated beside his house and on protest being made by him, all the accused persons surrounded him with Lathi and Farsa and started extending threat to kill. It is further alleged that co-accused Dhuran Singh assaulted the informant on his head, co-accused Lav Singh assaulted with Farsa at the left side informant's head, due to which, he fell

Patna High Court Cr.Misc. No.66334 of 2018(2) dt.17-12-2018 2/3 down, when the informant's son namely, Amit Kumar came to rescue him, co-accused Lav Singh caused injury over two fingers of his right hand by Farsa. It is further alleged that F.I.R. named accused persons assaulted them with Lathi, Phatta and co-accused Usha Devi committed theft of informant's gold chain from his neck and co-accused Sarita Devi took Rs. 8500/- from informant's pocket. Having head the alarm the villagers gathered and took the injured to the Hospital. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case.

There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.66334 of 2018(2) dt.17-12-2018 3/3 bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Bettiah, West Champaran, in connection with Chanpatiya P.S. Case No. 356 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T