IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19643 of 2010 1.JAMUNA SINGH 2.Rajgrihi Singh 3.Rajbansh Singh, all son of Sheo bachan Singh 4.Sugriv Singh son of Rajgrihi Singh, all are resident of Village Sonbarsha, P.S. Kudra, Dist. Kaimur at Bhabhua. .....petitioners. Versus STATE OF BIHAR O.P. -----------
For the petitioners : Mr. Vikramdeo Singh, Advocate
For the State : Mr. S.N. Singh, A.P.P.
2 23.6.2010 Heard the parties.
The petitioners apprehend their arrest in connection with a case
instituted for offences under sections 341, 323, 386, 504/34 of the Indian
Penal Code as also under section 3(1)(X) of SC & ST (POA) Act 1989. In
the FIR all the four petitioners are named as accused.
By referring to final report (Annexure-2), which has been
brought on record by way of filing supplementary affidavit today in the court,
it is submitted that on close of investigation entire accusations against the
petitioners were found to be false and they are not charge sheeted in the
present case. However by an order dated 21.1.2010 (Annexure-3) learned
Magistrate has disagreed with the police report and has taken cognizance for
offences under sections 341, 323, 386 and 504/34 of the Indian Penal Code
against the accused persons including the petitioners and, therefore, the
petitioners have reasonable apprehension of their arrest in the present case.
In the aforesaid facts and circumstances, particularly in view of
submission of final report vide Annexure-2, in the event of arrest or
surrender in the court below within a period of four weeks from today, the
above named petitioners shall be enlarged on bail on furnishing bail bonds of
Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the
satisfaction of C.J.M, Bhabhua in connection with Kudra P.S. Case no. 104
of 2008, subject to the conditions laid down under section 438(2) Cr.P.C.
( Birendra Prasad Verma, J. )