High Court Patna High Court - Orders

Raj Kishore Singh &Amp; Anr vs State Of Bihar on 10 August, 2010

Patna High Court – Orders
Raj Kishore Singh &Amp; Anr vs State Of Bihar on 10 August, 2010
                             IN THE HIGH COURT OF JUDICATURE AT PATNA
                                                 Cr.Misc. No.18230 of 2010
                 1. RAJ KISHORE SINGH son of Girish Narayan Singh
                 2. Ranjay Kumar Singh @ Ranjay Kumar @ Boldar son of Raj Kishore Singh ---
                    --------------------------------------------------------------------------Petitioners.
                                                                 Versus
                                                       STATE OF BIHAR .
                                                              -----------

For the informant : Mr. Ashok Kumar Sinha, no.10

———-

3. 10.8.2010 Heard Learned counsel for the petitioners, informant and the

State.

Informant along with her sister while was sleeping in room

in the night, according to the F.I.R., some miscreants threw acid on their

face. Petitioners involvement is doubted on the ground that none was

named in the F.I.R. Their name appeared in the re-statement recorded

after more than a month and victim’s examination was done by the

doctor earlier to the alleged date of occurrence.

It appears from the record that informant/victim’s statement

was recorded while she was in Sub-Divisional Hospital, Sheoghar on

5.4.2009 but the certificate is issued by the Apollo Burn Hospital, Patna.

Court is none to interfere with the investigation but it is duty of the

Court to point out some crime if committed by the parties or institution,

remaining of victim in Apollo Burn Hospital earlier to recording of

statement is not clarified. This point should be taken into consideration

by the investigating officer but prevailing circumstance does not justify

refusal of anticipatory bail to the petitioners.

Having regard to the facts and circumstances of the case, in

the event of arrest or surrender within a period of one month from the

date of receipt/production of a copy of this order, above named
2

petitioners shall be released on bail on furnishing bail bond of

Rs.10,000/-(Ten thousand) each with two sureties of the like amount

each to the satisfaction of the S.D.J.M., Sheoghar at Sitamarhi, in

connection with Shyampur Bhataha P.S. case no.31 of 2009 ,subject to

the conditions as laid down under section 438(2) of the Code of

Criminal Procedure.

Sudip                                    ( Mandhata Singh,J )