Dinesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11356 of 2020 Arising Out of PS. Case No.-74 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== Dinesh Rai S/o Shankar Ray R/o village- Ladaura pakri (wrongly given as Maidapur in FIR), Madapur Rayati, P.S.- Kudhani, O.P.- Turki, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Kudhani (Turki O.P.) P.S. Case No. 74 of 2019, registered for the offences punishable under Sections 147, 148, 149, 341, 447, 323, 307, 324, 302, 188, 354 and 427 of the Indian Penal Code and section 27 of the Arms Act.

Prosecution case in brief is that on 13.02.2019, there was a hot discussion held relating to DJ sound and thereafter Maksudan Rai and 12 other persons came at the house of informant and started assaulting him, when his Bhabho Sunmun

Patna High Court CR. MISC. No.11356 of 2020(3) dt.24-06-2020 2/2 Devi came to save him, all the accused persons also assaulted her brutally. The accused persons also dragged the mother of informant and brought her near to Brahamsthan and caused her done to death.

It is submitted that petitioner has been falsely implicated in this case. There is general and omnibus allegation. Co-accused Munna Roy having similar allegation has been granted anticipatory bail by a Coordinate Bench of this court vide order dated 18.04.2019 passed in Cr. Misc. No. 24741 of 2019. The petitioner has got clean antecedent. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 3rd, West, Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case No. 74 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T