Jai Kant Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7200 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

Jai Kant Rai, S/o Udai Rai, Resident of Village- Mallikpur, P.S.- Raghopur, District- Vaishali 2.

Srikant Rai, Son of Udai Rai, Resident of Village-Mallikpur, P.S.- Raghopur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Raghopur P.S. Case No. 99 of 2018 registered under Section 302/34 of the Indian Penal Code.

The accusation is that three persons named in the F.I.R. including the petitioners along with four unknown came at the gumti of Gauri Sah, father of the informant, situated at his door, variously armed with weapons and made demand of ransom and fair expenses. When his father, Gauri Sah, raised objection then petitioner no. 1 pointed pistol at the temporal of his father whereas petitioner no. 2 and Surendra Rai caused injury at the chest and back of his father through butt of pistol. Thereafter, his father was pulled out from the

Patna High Court CR. MISC. No.7200 of 2019(4) dt.03-05-2019 2/2 Gumti and brutally assaulted. On raising alarm by the informant and his mother, neighbours rushed there. At that time, petitioner no. 1 catched the hair of his mother and laid down. Thereafter, his father was rushed to the P.M.C.H for treatment but he died in the way. Learned counsel for the petitioner submits that there is specific allegation against the petitioners and others to caused injury at the chest and back of the father of the informant through butt of the pistol but in postmortem report, no any external injury was found and the cause of death is also not disclosed.

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. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Raghopur P.S. Case No. 99 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T