Ashok Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10324 of 2020 Arising Out of PS. Case No.-374 Year-2019 Thana- TARAIYA District- Saran ====================================================== 1.

ASHOK RAI Son of Late Mangal Rai Resident of Village - Narayanpur, P.S.- Taraiya, Dist.- Saran (Chapra).

2.

Upendra Kumar @ Upender Kumar Rai Son of Ashok Rai Resident of Village - Narayanpur, P.S.- Taraiya, Dist.- Saran (Chapra). 3.

Lang Devi W/o Ashok Rai Resident of Village - Narayanpur, P.S.- Taraiya, Dist.- Saran (Chapra).

4.

Sarita Devi W/o Upendra Kumar @ Upender Kumar Rai Resident of Village - Narayanpur, P.S.- Taraiya, Dist.- Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kapil Deo Singh, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-01-2021 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in connection with Taraiyan P.S. Case no. 374 of 2019 registered under sections 341, 323, 308, 379, 504 506 and 34 of the Indian Penal Code.

As per allegation in the FIR, the four petitioners herein are stated to have abused the father of the informant and thereafter they assaulted the informant with lathi, rod and struck the informant with a knife on his hand. It is submitted by learned counsel for the petitioners that the petitioner nos. 3 and 4 happen to be ladies and wives of petitioner no. 1 and 2 respectively. The allegations are general

Patna High Court CR. MISC. No.10324 of 2020(7) dt.04-01-2021 2/2 and omnibus in nature. It is further submitted that the injury report of the informant does not support the allegations as made in the FIR. The petitioners have no criminal antecedent. The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioners, the Court is inclined to enlarge the petitioners on anticipatory bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Taraiyan P.S. Case no. 374 of 2019 they will be enlarged on bail on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash/- U