Dharamvir Kumar Singh @ Sintu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83138 of 2019 Arising Out of PS. Case No.-18 Year-2015 Thana- DANDARI District- Begusarai ====================================================== DHARAMVIR KUMAR SINGH @ SINTU SINGH Son of Ramanand Singh Resident of Village - Bishanpur, ward No.4, P.S.- Dandari, DistrictBegusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Sandip Kumar Gautam, Advocate For the State :
Mr.Madhura Nand Jha, APP For the informant :
Mr.Chandan Kumar Kashyap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in connection with Dandari P.S. case No.18 of 2015 registered under Sections 147, 148, 149, 341, 323, 354, 307, 504, 506 of the Indian Penal Code, but cognizance has been taken under Sections 147, 148, 149, 341, 323, 354, 504, 506, 307, 302 of I.P.C. According to the F.I.R., eight named persons and unknown persons allegedly assaulted to the husband and Dewar of the informant for land dispute, as a result of which the husband of the informant died during course of treatment. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no
Patna High Court CR. MISC. No.83138 of 2019(4) dt.29-11-2021 2/3 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The petitioner is not named in the F.I.R. His name has come in course of investigation. After investigation, the police has submitted final form against the petitioner. The court below has differed with the said police report and taken cognizance against the petitioner. Hence, the present application has been filed. From the evidence adduced in paragraph 23 of the case diary, there is no allegation of assault alleged against the petitioner. Other co-accused has been granted anticipatory bail vide Cr.Misc.No.2898 of 2020 by a Co-ordinate Bench of this Court.
On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is not named in the complaint case/F.I.R.
Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction Sri Ravi Ranjan, learned Judicial Magistrate, 1st class, Begusarai in connection with
Patna High Court CR. MISC. No.83138 of 2019(4) dt.29-11-2021 3/3 Dandari P.S. case No.18 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T