Jamuna Singh &Amp; Ors vs State Of Bihar on 23 June, 2010

Patna High Court – Orders
Jamuna Singh &Amp; Ors vs State Of Bihar on 23 June, 2010
                                    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.
                      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. )


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