Jai Prakash Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16163 of 2021 Arising Out of PS. Case No.-284 Year-2020 Thana- GARKHA District- Saran ====================================================== 1.
Jai Prakash Rai, aged about 45 years, Gender-Male 2.
Nawal Rai, aged about 35 years, Gender-Male 3.
Samasya Rai @ Samosa Rai, aged about 30 years, Gender-Male 4.
Jitendra Rai, aged about 25 years, Gender-Male All Sons of Pawan Rai @ Pawan Kumar Ray and Resident of Village- Kudarbadha, P.S.- Garkha, District- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh, Adv.
For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-03-2022 Heard Mr. Dewendra Narayan Singh, learned Advocate for the petitioner and Mr. Raj Ballabh Singh, learned A.P.P. The petitioners seek bail in anticipation of their arrest in connection with Garkha P.S. Case No. 284 of 2020 dated 25.06.2020 instituted for the offences under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code.
Over the issue of apportionment of respective shares in a newly constructed house, a fight took place for which two cases have been lodged; one being the subject of F.I.R. and other lodged by co-accused Vikrama Rai.
The members of both the families have been injured. Though one of the injuries on one of the victims of the subject
Patna High Court CR. MISC. No.16163 of 2021(2) dt.04-03-2022 2/2 F.I.R. has not been assessed to be simple in nature but, considering the frivolous nature of accusation and on the intervention of the well-wishers of the two families, the parties have taken a conscious decision not to prosecute each other any further. On the basis of the aforesaid settlement between the parties, the accused persons of the counter case have been granted anticipatory bail by this Court.
Regard being had to the aforesaid facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Saran at Chapra in connection with Garkha P.S. Case No. 284 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) rishi/- U T