Surendra Rai @ Surendra Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8963 of 2020 Arising Out of PS. Case No.-408 Year-2019 Thana- GARKHA District- Saran ====================================================== 1.

SURENDRA RAI @ SURENDRA KUMAR RAI Son of Kapildeo Rai Residence of Village - Akhtiyarpur, P.S.- Garkha, District - Saran at Chapra 2.

Harendra Rai Son of Kapildeo Rai Residence of Village - Akhtiyarpur, P.S.- Garkha, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kumari For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-03-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Garkha case no. 408 of 2019 registered for the offences punishable under Sections 147, 341, 323, 324, 307, 379, 504 of Indian Penal Code.

The allegation is regarding the accused persons including the petitioners having assaulted the informant and his daughter-in-law. As far as the petitioner no. 1 is concerned, he is stated to have assaulted the daughter-in-law of the informant and as far as petitioner no. 2 is concerned, there is general and omnibus allegation levelled against him.

Patna High Court CR. MISC. No.8963 of 2020(2) dt.02-03-2020 2/3 The learned counsel for the petitioners has submitted that the petitioners are innocent, they are having clean antecedent and have been falsely implicated in the present case. It is also submitted that as far as petitioner no. 2 is concerned, there is no specific allegation of any sort of overt act and as far as petitioner no. 1 is concerned, he is stated to have assaulted the daughter-in-law of the informant namely Indu Devi, however the injury report of the Indu Devi annexed to the present petition would show that the injuries found on her person, are simple in nature.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners, I deem it fit and appropriate to admit the abovenamed petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIV, Saran at Chapra in connection with

Patna High Court CR. MISC. No.8963 of 2020(2) dt.02-03-2020 3/3 Garkha PS case no. 408 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T