Balindra Rai And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15053 of 2016 Arising Out of PS.Case No. -294 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Balindra Rai, Son of Ram Ayodhya Rai
2. Ram Ayodhya Rai, Son of Late Saheb Rai
3. Bhola Rai, Son of Ram Babu Rai
4. Arvind Rai, Son of Ram Bahadur Rai All are resident of village - Bijdhari, Police Station - Kesariya, District - East Champaran .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Rakesh Ranjan, Advocate For the Opposite Party : Mr. Dr. Ajit Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 26-05-2016 The petitioners apprehend their arrest in relation to Kesariya P.S. Case No. 294 of 2015 registered under Sections 395, 397, 307/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that though the occurrence is of 30.09.2015, no information was giving to the police but the complaint was filed before the Chief Judicial Magistrate, Motihari at East Champaran, on 02.11.2015, which was referred under section 156(3) of the Code of Criminal Procedure to the police, whereupon, this case was instituted on 09.11.2015. It is submitted that this is enough to create serious doubt in the prosecution story. Apart from the fact that the manner in which, the names of the petitioners were given clearly shows
Patna High Court Cr.Misc. No.15053 of 2016 (3) dt.26-05-2016 2/2 that the persons were known to each other very well. In fact, some of the accused persons are pattedars of the complainant. Be that as it may, in the event of their arrest/surrender before the court below within four weeks, let the petitioners above named be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of A.C.J.M-XI, East Champaran, in connection with Kesariya P.S. Case No. 294 of 2015, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Navaniti Prasad Singh, J.) Rajiv/Amit U T