Rijhan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2568 of 2024 Arising Out of PS. Case No.-417 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
Rijhan Singh Son of Late Ramotar Singh Resident Of Village- Salonachak, P.S. Lakhisarai, District - Lakhisarai 2.
Suraj Singh @ Suraj Kumar Son of Rijhan Singh Resident Of VillageSalonachak, P.S. Lakhisarai, District - Lakhisarai 3.
Sumit Kumar Son of Chandramauli Singh @ Chano Singh Resident Of Village- Salonachak, P.S. Lakhisarai, District - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar, Advocate For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Lakhisarai P.S. Case No. 417 of 2023, registered on 05.06.2023 for the offences under Sections 147, 149, 341, 323, 353, 427, 504/34 of the Indian Penal Code.
3. As per prosecution case, during a family dispute the police intervened as the petitioners were assaulting one Renu Devi, the petitioners started scuffling with the police levelling allegation of snatching gold chain and resorted to brick
Patna High Court CR. MISC. No.2568 of 2024(2) dt.31-01-2024 2/3 batting damaging the police vehicle.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. From the FIR it is clear that there is a land dispute for joint family properties and the police under high handedness tried to intervene but the petitioners did not misbehave with the police and did not damage any police vehicle so no offence under Section 353 IPC is made out. The petitioners are father and son and they have no criminal antecedent.
5. Learned APP opposes the submission made on behalf of the petitioners.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation in the background of family dispute, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai/concerned court in connection with Lakhisarai P.S. Case No. 417 of 2023, subject to the condition as laid down under Section 438(2) of the Code
Patna High Court CR. MISC. No.2568 of 2024(2) dt.31-01-2024 3/3 of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) DKS/- U T