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Patna High CourtCR. MISC./89566/2024allowed

Bambam Singh @ Rakesh Kumar Singh v. The State Of Bihar

2025-01-08Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89566 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- BATH District- Bhagalpur ====================================================== Bambam Singh @ Rakesh Kumar Singh S/o Bitto Singh @ Rambhadur Singh R/Vill - Bansipur, PS- Sambhuganj, Dist -Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Bath P.S. Case No. 61 of 2024 dated 27.04.2024, instituted for the offence punishable under Sections 341, 323, 308, 452, 497, 504 and 506 of the Indian Penal Code.

3. The prosecution case, in short, is that Bambam Singh @ Rakesh Singh has illicit relation with the informant's wife and he regularly used to establish physical relationship with her. It is further alleged that on 24-04-2024 at 01:00 PM, Bambam Singh entered in the house of informant Tuntun Mandal and in his presence, he started misbehaving with his wife and when the informant protested then the accused pushed him and started assaulting him with fist. On alarm, the father,

Patna High Court CR. MISC. No.89566 of 2024(2) dt.08-01-2025 2/3 mother and brother of informant came there on which Bambam Singh assaulted them with lathi causing injuries on their different parts of body including head. Thereafter, the informant went to local Sarpanch, who informed the local police and when police arrived then the accused fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that both sides are neighbours and due to land dispute, a false case has been lodged. In fact, the petitioner gave some money to the informant and when he went for demand of said money then they falsely dragged him in this case. It is submitted that on bare perusal of the injury report, it appears that all the injuries are simple in nature. It is also submitted that a compromise petition has been filed before the court below by the parties. Lastly, it has been submitted that the petitioner has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bath P.S. Case No. 61

Patna High Court CR. MISC. No.89566 of 2024(2) dt.08-01-2025 3/3 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Bhagalpur, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T