Cheeta Singh @ Chitranjan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3146 of 2024 Arising Out of PS. Case No.-127 Year-2018 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== 1.

Cheeta Singh @ Chitranjan Sharma S/o- Late Kedar Singh R/o- Vill- Sarai, PS- Sarai, District- Vaishali.

2.

Rajkumar Singh S/o- Late Narayan Singh Vill- Dighra, PS- Narayanpur Anant, Distt- Muzaffarpur 3.

Ashok Singh S/O Late Narayan Singh R/O Vill- Dighra, PS- Narayanpur Anant, Distt- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vinita Singh W/O Navin Kumar Bharti R/O Vill- Sarai, P.S- Sarai, Distt.- Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.V. M. K. Sinha, Advocate Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP For the informant :

Mr. Mukesh Kumar-1.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 323 & 354 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 08.05.2017 all the accused persons including the accused petitioners armed with deadly weapons were filling water in the field of the complainant, Vinita Singh. When the complaint and her mother-in-law protested, they started abusing and assaulting

Patna High Court CR. MISC. No.3146 of 2024(3) dt.07-03-2024 2/3 the complainant's mother-in-law with leg, fists and slaps. During Marpit, the co-accused tore the cloth of the complainant with bad intention and they also caught her hair and pushed her down on the ground. It is further alleged that when the husband of the complainant came to rescue this petitioner told to apprehend him on which accused Rajan Singh caught both hands of her husband and accused Shambhu started pressing his neck with intention to kill. It is further alleged that accused Ashok Singh snatched earring of gold from the neck of complainant and accused Bal Mukund Singh snatched chain of gold from the neck of the her mother-in-law.

4. It is submitted on behalf of the petitioners that there is no specific allegation of assault made against the petitioners. Petitioners are alleged to be order giver. It is also alleged that these petitioners only assaulted with fist and slaps.

5. Learned A.P.P. for the State has opposed the bail petition and submits that the there is specific allegation of assault made against the petitioner with an intention to kill the informant. Petitioner No.1 has 15 criminal antecedent and pettioner No.2 and 3 have three criminal antecedent.

6. Considering the aforesaid facts and circumstances and the fact the petitioners have criminal antecedents, I am not

Patna High Court CR. MISC. No.3146 of 2024(3) dt.07-03-2024 3/3 inclined to grant bail to the petitioners. Therefor,e the prayer for bail of this petitioners is dismissed.

(Prabhat Kumar Singh, J) sanjeev/- U T