Patna High Court - Orders
Baiju Singh vs The State Of Bihar on 25 September, 2020
Author: Madhuresh Prasad
Bench: Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 7390 of 2020
Arising Out of PS. Case No.-110 Year-2019 Thana- ROHTAS COMPLAINT CASE District-
Rohtas
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1. BAIJU SINGH Son of Late Pravesh Singh Resident of Village- Dharupur,
P.S.- Bikramganj, District- Rohtas.
2. Bagha Singh Son of Baiju Singh Resident of Village- Dharupur, P.S.-
Bikramganj, District- Rohtas.
3. Ravi Kumar Singh Son of Baiju Singh Resident of Village- Dharupur, P.S.-
Bikramganj, District- Rohtas.
4. Santosh Kumar Singh Son of Late Manager Singh Resident of Village-
Dharupur, P.S.- Bikramganj, District- Rohtas.
5. Saroj Kumar Singh Son of Late Manager Singh Resident of Village-
Dharupur, P.S.- Bikramganj, District- Rohtas.
6. Munna Kumhar Son of Late Ram Chandra Kumhar Resident of Village-
Dharupur, P.S.- Bikramganj, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dhaneshra Devi Wife of Saryu Ram R/o Village and P.O.- Dharupur, PS.
Bikramganj, District- Rohtas, Sasaram, Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr Dinesh Singh, APP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
6 25-09-2020As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.
Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the Patna High Court CR. MISC. No.7390 of 2020(6) dt.25-09-2020 2/4 aid of audio visual technology.
Heard learned counsel for the petitioners and the learned APP for the State.
The petitioners apprehend their arrest in Complaint Case No 110 of 2019 instituted for the offence punishable under Sections 147, 148, 149, 323, 341, 307, 380, 376 and 511 of Indian Penal Code (for brevity, IPC) and Section 27 of Arms Act in which cognizance has been taken under Sections 354, 147, 149, 448, 380, 427, 323, IPC .
On 19.02.2019, it is alleged that the accused persons (petitioners) have barged into the house of the complainant, assaulted the complainant and attempted to rape her daughter- in-law. On protest, it is alleged that they have disrobed the complainant and her daughter-in-law and taken away several belongings.
Petitioners' counsel submits that allegations are based on extraneous considerations. The petitioners have been protesting the complainant and her family's efforts to encroach the public path in the village. There is also a subsisting land dispute between the parties. In respect of the occurrence dated 19.02.2019 for which the instant complaint petition has been filed, the same complainant has also filed Bikramganj PS Case Patna High Court CR. MISC. No.7390 of 2020(6) dt.25-09-2020 3/4 No 94 of 2019 and Dehri (Scheduled Castes/Scheduled Tribes) PS Case No 22 of 2019. In the other two cases, the petitioners have already been allowed anticipatory bail.
The learned APP for the State has opposed the prayer for bail.
Considering the rival submissions, prayer for bail is allowed. In the event of their arrest or surrender before the Court below within four weeks from today, the petitioners, above named, be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bikramganj, Rohtas in Complaint Case No 110 of 2019 subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code and also the following conditions:-
(i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their Patna High Court CR. MISC. No.7390 of 2020(6) dt.25-09-2020 4/4 bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) M.E.H./-
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