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Patna High CourtCR. MISC./1183/2024allowed

Manoj Singh v. The State Of Bihar

2024-04-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1183 of 2024 Arising Out of PS. Case No.-102 Year-2023 Thana- KHAIRA District- Jamui ====================================================== 1.

MANOJ SINGH SON OF LATE MAHENDRA SINGH RESIDENT OF VILLAGE - SINGARPUR, P.S. - KHAIRA, DISTRICT - JAMUI 2.

BADRI SINGH @ BADRI PRASAD SINGH SON OF ADHIK SINGH RESIDENT OF VILLAGE - SINGARPUR, P.S. - KHAIRA, DISTRICT - JAMUI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gyanendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in a case registered for the offences punishable under Sections 147, 148, 341, 323, 324, 354(B), 307, 504 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioners are said to have entered the house of the informant and tried to outrage her modesty by removing her cloths. They also tried to commit rape with her. On raising alarm, when some persons came there to save the informant, they were also assaulted by means of deadly weapons due to which they also sustained injuries.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and they have committed no

Patna High Court CR. MISC. No.1183 of 2024(4) dt.10-04-2024 2/2 offence. No such occurrence as alleged in the FIR has ever taken place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. There is admitted land dispute between the parties and a title suit bearing Title Suit No. 316 of 2022 is also pending between them. They have filed cases against each other. Both sides have sustained injuries. The petitioners have no criminal antecedent as mentioned in para-3 of this application and they are in custody since 11.10.2023.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the period of custody, as there is admitted land dispute between the parties, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, in connection with Khaira P.S. Case No. 102 of 2023.

(Anjani Kumar Sharan, J) divyanshi/- U T