Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4356 of 2024 Arising Out of PS. Case No.-606 Year-2023 Thana- MADHAURAH District- Saran ====================================================== 1.

Suresh Rai Son of Late Vakil Rai R/o vill - Tehti, P.S. - Madhaura, Distt. - Saran 2.

Raushan Rai @ Raushan Kumar Son of Jawahar Rai R/o vill - Tehti, P.S. - Madhaura, Distt. - Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Jain, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 325, 307, 504, 34 IPC. 3.

As per the prosecution case, over a dispute, the accused persons came at the house of the informant and started abusing and on protest, they assaulted the informant by fist. They also assaulted her husband and the daughter.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever

Patna High Court CR. MISC. No.4356 of 2024(3) dt.18-04-2024 2/2 taken place. There is general and omnibus allegation against the petitioners and the specific overt act is against the co-accused Jawahar Rai to have assaulted the husband of the informant, whose injury was found grievous in nature. There is a case and counter-case between the parties and in the alleged occurrence, both sides have sustained injury. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Madhaura P.S. Case No.606 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T