Badari Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9798 of 2019 Arising Out of PS. Case No.-469 Year-2018 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

BADARI RAI Son of Mathura Rai R/o village- Makhdumganj , P.S- Chapra Muffassil, District- Saran at Chapra 2.

Rakesh Rai Son of Durga Rai R/o village- Makhdumganj , P.S- Chapra Muffassil, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Chapra (Saran) Muffassil P.S. Case No.469 of 2018 registered under Sections 341, 323, 504, 506, 354 and 307/34 of the Indian Penal Code.

The accusation is that 10 persons, named in the F.I.R., including the petitioners came at the door of the informant Dinesh Rai and started to abuse. When the informant made protest, then the petitioner no.1 Badari Rai, gave knife blow at his head causing blood oozing injury and the petitioner no.2 Rakesh Rai caused injury at his head through rod. When Ras

Patna High Court CR. MISC. No.9798 of 2019(3) dt.13-05-2019 2/3 Narain Rai and Vinita Devi, the nephew and daughter-in-law of the informant, rushed to save, the petitioner no.2 Rakesh Rai caused injury at their head through rod. The cause of occurrence is that, earlier, the petitioner no.1 Badari Rai had taken the the households good of Rs.1000/- from the shop of the informant and when he again came at the shop of the informant to take the household goods, then the informant asked him to pay the due, due to which the occurrence of "Maar-Peet" took place.

Learned counsel for the petitioners submits that, in fact, the occurrence of "Maar-Peet" took place in between the parties due to accounting, as detailed in the F.I.R. Further submission is that the injury as found on the person of the informant, Ras Narain Rai and Vinita Devi, is simple in nature caused by hard and blunt substance and not by sharp cutting weapon.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,

Patna High Court CR. MISC. No.9798 of 2019(3) dt.13-05-2019 3/3 Saran at Chapra, in connection with Chapra (Saran) Muffassil P.S. Case No.469 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U