Pshuram Rai @ Parshu Ram Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14568 of 2024 Arising Out of PS. Case No.-506 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== 1.
Pshuram Rai @ Parshu Ram Rai S/o Lal Saheb Rai R/o vill - Naya Baiju Tola, P.S. - Khawaspur O.P., Distt. - Bhojpur 2.
Tara Devi W/o Nand Kishore Rai R/o vill - Naya Baiju Tola, P.S. - Khawaspur O.P., Distt. - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 22181 of 2024 Arising Out of PS. Case No.-506 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Nand Kishore Rai Son Of Pashu Ram Rai Resident Of Mohalla - Baiju Tola, P.S. - Khawashpur O.P., District - Bhojpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 14568 of 2024) For the Petitioner/s :
Mr.S Azeem For the Opposite Party/s :
Mr.Anish Chandra Mr. Jai Shankar Pathak (In CRIMINAL MISCELLANEOUS No. 22181 of 2024) For the Petitioner/s :
Mr.S Azeem For the Opposite Party/s :
Mr.Sunil Kumar Pandey Mr. Jai Shankar Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2024 Since both cases originate from Barhara P.S. Case No. 506 of 2023, both cases were taken up together and are being disposed of by this common order.
2. Heard learned counsel for the petitioners, learned
Patna High Court CR. MISC. No.14568 of 2024(6) dt.01-10-2024 2/3 State counsel (in both cases) and learned counsel appearing on behalf of informant.
3. Petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 504, 354, 307/34 of the Indian Penal Code.
4. As per the prosecution case, on 20.08.2023 at about 8 PM, while the informant was sitting at her door, in the meantime, these petitioners came there and started abusing and assaulting husband of informant. It is further alleged that Nand Kishore Rai (petitioner in Cr.Misc. No. 22181/24) assaulted on the head of informant's husband by means of Bhala and thereafter, Parshu Ram Rai (petitioner no. 1 in Cr.Misc. No. 14568/24) caught hold of informant and snatched her gold chain worth Rs. 50,000/- and also committed Maarpeet with daughter of informant.
5. Learned counsel for the petitioners submits that both parties are pattidars. Present case is counter blast of Barhara P.S. Case No. 502 of 2023, lodged by Nand Kishore Rai (petitioner in Cr.Misc. No. 22181/2024) against informant's husband and others. Learned counsel for the petitioners further submits that though, there is allegation of assault against Parshu Ram Rai (petitioner no. 1 in Cr.Misc. No. 14568/2024), but
Patna High Court CR. MISC. No.14568 of 2024(6) dt.01-10-2024 3/3 there is no injury report on record in respect of injury caused by him, whereas there is no allegation of overt act against Tara Devi (petitioner no. 2 in Cr.Misc. No. 14568/2024). So far as injury caused by Nand Kishore Rai (petitioner in Cr.Misc. No. 22181/2024) to informant's husband by Bhala is concerned, doctor has found simple injury. Petitioners claim clean antecedent.
6. Learned counsel for the informant vehemently opposes the bail petitions.
7. Considering the aforesaid facts and circumstances, let the petitioners namely Parshu Ram Rai, Tara Devi and Nand Kishore Rai, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - X, Bhojpur, Ara in connection with Barhara P.S. Case No. 506 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T