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Patna High CourtCR. MISC./7843/2016bail granted

Jai Mangal Rai @ Mangal Rai And ORS v. The State Of Bihar

2016-04-01Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7843 of 2016 Arising Out of PS.Case No. -502 Year- 2015 Thana - SONEPUR District- SARAN =====================================

1. Jai Mangal Rai @ Mangal Rai Son of Late Ramanuj Rai

2. Raja Rai @ Raja Babu Son of Jai Mangal Rai @ Mangal Rai

3. Rajiv Rai @ Rajiv Kr. Rai Son of Vinod Rai

4. Vibha Devi Wife of Jai Mangal Rai @ Mangal Rai

5. Suman Devi Wife of Vinod Rai

6. Sushila Devi Wife of Manoj Rai

7. Vinod Rai Son of Late Vindeshwari Rai.

All residents of Village Sabalpur Nevod Tola, P.S. Sonepur in the district of Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Braj Nandan Kr. Tiwary, Adv. For the Opposite Party/s: Mr. Dr. Kr. Uday Pratap, A.P.P. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2016 Supplementary affidavit has been filed on behalf of the petitioners in Court. Let it be kept on the record.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Sonepur P.S. Case No.502 of 2015, disclosing offences under Sections 341, 323, 379, 504 and 307/34 of the Indian Penal Code.

From the First Information Report, it appears that an altercation is alleged to have taken place over the fact that the informant and his family members had destroyed the crops of the accused persons. The accused persons, who are the petitioners in the present case, are said to have assaulted the informant and his family members. It is alleged against petitioner No.1 that he assaulted the mother of the informant by iron rod on her head, causing injuries to her.

Learned counsel for the petitioners has submitted that apparently the occurrence took place over a petty dispute between the parties.

Considering the genesis of the occurrence and the facts and circumstances of the case, this application is allowed. Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - Ist, Saran, in connection with Sonepur P.S. Case No.502 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners, abovenamed, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T