Arvind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84481 of 2023 Arising Out of PS. Case No.-341 Year-2023 Thana- SONEPUR District- Saran ====================================================== 1.

ARVIND SINGH Son of Dharmnath Singh R/o Badhurahi, P.S. - Sonpur, Distt. - Saran at Chapra 2.

Aman Kumar Son of Kalicharan Rai R/o Badhurahi, P.S. - Sonpur, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Sonpur P.S. Case No. 341 of 2023 lodged on 13.05.2023 under Section 302/34 of the Indian Penal Code.

3. As per the prosecution case, the present FIR has been lodged against 7 named accused persons alleging therein that they all in connivance with each other assaulted the husband of the informant the whole night and in the morning, they threw him. Subsequently, the victim was taken to the hospital for treatment, but on the way, he succumbed to the injuries.

Patna High Court CR. MISC. No.84481 of 2023(2) dt.10-01-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. In fact, the FIR itself reflects that the informant and the petitioners both belong to the same village and in the background of dirty village politics, the petitioners have been roped in the present case. The present case is the counterblast of the Complaint Case No. 18/2023 lodged by the elder daughter of the petitioner No.1 against the information and others leveling accusations under Sections 147, 457, 380, 354B, 504, 506 and 34 of the Indian Penal Code and section 4 of the Protection of Children From Sexual Offences Act, 2012. The petitioners are in custody since 13.05.2023 having no criminal antecedent. It is further submitted that co-accused persons have been granted bail by a co-ordinate Bench of this Court vide order dated 01.11.2023 passed in Criminal Miscellaneous No. 69444 of 2023.

5. Learned counsel for the State opposes the prayer for bail of the petitioners and submits that in the rejection order, there are various documents in which material has come against the petitioners.

6. Upon specific query from the counsel for the petitioners whether the charge has been framed or not, the learned counsel for the petitioners submits that he is not aware

Patna High Court CR. MISC. No.84481 of 2023(2) dt.10-01-2024 3/3 of the fact whether the charge has been framed or not.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named be released on bail, but only after framing of charge, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra, in connection with Sonpur P.S. Case No. 341 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J) Ashwini/- U T