IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26584 of 2020

Arising Out of PS. Case No.-81 Year-2019 Thana- DARIHAT District- Rohtas

======================================================

1.

GEETA DEVI wife of Premchand Singh Resident of Village - Dharahara,

Police Station - Darihat, District - Rohtas.

2.

Sandeep Kumar Son of Premchand Singh Resident of Village - Dharahara,

Police Station - Darihat, District - Rohtas.

3.

Sushil Kumar Son of Premchand Singh Resident of Village - Dharahara,

Police Station - Darihat, District - Rohtas.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Rajani Kant Singh

For the Opposite Party/s :

Mr.A.G

======================================================

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

ORAL ORDER

4

25-01-2021

Heard learned counsel for the petitioners and learned

APP for the State.

The petitioners are apprehending their arrest in a case

registered under Sections 147, 149, 341, 447, 323, 324, 325,

307, 354, 504, 506, 379 of the Indian Penal Code and Section ¾

of Dowry Prohibition Act.

Allegedly, while the informant along with his family

members was constructing his building through brick, the

accused persons having armed with Lathi, Danda, Gadansa,

Fasuli and Tangi came there and having started abusing,

prevented the informant from constructing the building, as a

Patna High Court CR. MISC. No.26584 of 2020(4) dt.25-01-2021

2/3

result of which, on the order of one Premchand Singh, his wife,

daughter and sons, assaulted them. It is alleged that in the

incident, injury was caused to the informant side. It is also

alleged that the younger daughter-in-law of the informant was

assaulted and her clothes were torn out.

It has been submitted on behalf of the petitioners that there

is no allegation of tampering of witnesses alleged against the

petitioners. The petitioners have been falsely implicated in the

present case. The petitioner No. 1 is a lady. She is alleged to

have assaulted Rajmuni Devi. No grievous injury was found on

the parts of the injured by the doctor. The injury was found to

be superficial in nature. So far petitioner Nos. 2 & 3 are

concerned, there is general and omnibus allegation against the

petitioners. No specific overt act is alleged against them. There

is case and counter case between the parties. Free fight is

alleged to have taken place between the parties. The injury on

the side of the accused has not been explained by the

prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners

are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the

case, let the petitioners, above named, in the event of arrest or

Patna High Court CR. MISC. No.26584 of 2020(4) dt.25-01-2021

3/3

surrender before the learned court below within a period of eight

weeks from today, be released on anticipatory bail on furnishing

bail bond of Rs. 10,000/- (ten thousand) each with two sureties

of the like amount each to the satisfaction of Sri C. K. Verma,

learned Judicial Magistrate-Ist Class, Dehri-on-Sone, District-

Rohtas in connection with Darihat P.S. Case No. 81 of 2019

subject to the conditions as laid down under Section 438(2) of

the Code of Criminal Procedure.

A.K.V.//-

(Sudhir Singh, J)

U

T