Nundeo Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.269 of 2019 Arising Out of PS. Case No.-305 Year-2018 Thana- JHAJHA District- Jamui ======================================================
1. Nundeo Rai and ors Late Baleshwar Rai AllResidentj of Village-Baratanr,Tai Tola, P.S. Jhajha,Distt. Jamui
2. Kartik Rai Lat Amrit Rai AllResidentj of Village-Baratanr,Tai Tola, P.S. Jhajha,Distt. Jamui
3. Jugal Rai Late Rajkumar Rai AllResidentj of Village-Baratanr,Tai Tola, P.S. Jhajha,Distt. Jamui
4. Prakash Rai Vinod Rai AllResidentj of Village-Baratanr,Tai Tola, P.S. Jhajha,Distt. Jamui
5. Dablu Rai Kesho Rai AllResidentj of Village-Baratanr,Tai Tola, P.S. Jhajha,Distt. Jamui
6. Pramod Rai Late Tukan Rai AllResidentj of Village-Baratanr,Tai Tola, P.S. Jhajha,Distt. Jamui ... ... Appellant/s
Versus
The State Of Bihar Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Prabhat Ranjan Singh For the Respondent/s :
Mr.Usha Kumari (Spp247) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 18-01-2019 The appellants seek pre arrest bail in connection with Jhajha P.S. Case No. 305/2018, registered for offences punishable under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3 (1)(XII) of SC/ST Act.
Allegation against the appellants is that they came variously armed and abused the informant by caste name and ordered for killing her and her husband and also assaulted the husband of informant causing fracture injury and further they also torn the blouse of informant.
It has been submitted on behalf of the appellants that
Patna High Court CR. APP (SJ) No.269 of 2019 dt.18-01-2019 2/2 earlier also the informant has filed the complaint case, in which, the appellants were granted anticipatory bail and, thereafter, this present false case has been lodged. Further submission is that a title suit is going on between the parties being Title Suit No. 37/2014 and due to that the informant is lodging one after another case against the appellants.
Heard learned Special P.P. also.
Having heard both sides, considering the facts and circumstances of the case, let the appellants, above named, in the event of their arrest or surrender before the Court below, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Jamui, in connection with hajha P.S. Case No. 305/2018, subject to the conditions laid down under Sectin 438
(2) of Cr.P.C.
Accordingly, this appeal is allowed and impugned order is set aside.
(Vinod Kumar Sinha, J) sunilkumar/- AFR/NAFR N/A CAV DATE N/A Uploading Date 23.01.2019 Transmission Date 23.01.2019