Patna High CourtCR. MISC./1867/2020bail granted

Archana Singh @ Archana Devi v. The State Of Bihar

2020-01-14Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1867 of 2020 Arising Out of PS. Case No.-237 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.

ARCHANA SINGH @ ARCHANA DEVI W/o Govind Singh Resident of Saraswati Nagar, Ward No. 3, P.S.- K. Hat, Madhubani, District- Purnia 2.

Gopal Singh @ Gopal Kumar Singh S/o Nawal Singh Resident of Saraswati Nagar, Ward No. 3, P.S.- K. Hat, Madhubani, District- Purnia 3.

Bhikhari Singh @ Bhikhari Kumar @ Bhikhari Kumar Singh S/o Chedi Singh @ Sant Singh Resident of Saraswati Nagar, Ward No. 3, P.S.- K. Hat, Madhubani, District- Purnia 4.

Gajendra Singh @ Gajanand Singh S/o Kishun Singh Resident of Saraswati Nagar, Ward No. 3, P.S.- K. Hat, Madhubani, District- Purnia 5.

Digambar Singh @ Digambar Prasad Singh S/o Kishun Singh Resident of Saraswati Nagar, Ward No. 3, P.S.- K. Hat, Madhubani, District- Purnia 6.

Kunal Singh @ Kunal Kumar Singh S/o Digambar Singh Resident of Saraswati Nagar, Ward No. 3, P.S.- K. Hat, Madhubani, District- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with K. Hat P.S. Case No. 237 of 2019 for the offence punishable under Section 307, 379 and other allies sections of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioners herein having assaulted the informant

Patna High Court CR. MISC. No.1867 of 2020(2) dt.14-01-2020 2/3 and his family members after arriving at his house on account of certain dispute pertaining to construction of boundary wall. The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case. It is further submitted that the petitioners are having a clean antecedent. It is also submitted that the main allegation has been levelled against the co-accused, namely, Govind Singh who is stated to have assaulted the informant and his wife, resulting in injuries on them. It is further submitted that as far as the petitioners are concerned, general and omnibus allegations have been levelled against them. Lastly, it is submitted that the present case arises out of a case and counter case.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners as also taking into account the fact that the main accusation is against co-accused Govind Singh, I deem it fit and proper to direct for release of the petitioners on anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioners, above named, are directed to be enlarged on

Patna High Court CR. MISC. No.1867 of 2020(2) dt.14-01-2020 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnia in connection with K. Hat (Madhubani) P.S. Case No. 237 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T