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Patna High Court - Orders

Kameshwar Singh vs The State Of Bihar on 1 December, 2015

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.54383 of 2015
                     Arising Out of PS.Case No. -146 Year- 2014 Thana -SIWAN MUFFASIL District- SIWAN
                 ======================================================
                 Kameshwar Singh S/o Jai Narayan Singh

                                                                                .... ....   Petitioner/s
                                                        Versus
                 1. The State of Bihar

                                                               .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s  :  Mr. Akhileshwar Kumar Shrivastva, Advocate
                 For the Opposite Party/s : Mr. Smt. Pushpa Sinha(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                                                    ORAL ORDER


2   01-12-2015

Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 325, 316, 504, 506, 427/34 of the Indian Penal Code.

The prosecution case is that for a dispute with regard to constructing pathway, the accused persons demolished the portions of the house of the informant. On protest being made they assaulted the informant's husband and father-in-law when informant went to rescue she was also assaulted, as a result, her three month's pregnancy got terminated.

It is submitted by learned counsel for the petitioner that the informant has specifically alleged that she was being assaulted by co-accused Sanjay Singh and Dhramdev Chaudhary and others Patna High Court Cr.Misc. No.54383 of 2015 (2) dt.01-12-2015 2/2 have received simple injury. Moreover, a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Similarly situated co-accused have been granted anticipatory bail vide Criminal Miscellaneous No.45457 of 2015.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Siwan in connection with Siwan Mufasil (Dhanauti) P.S. Case No.146 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/-

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