Suresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23027 of 2021 Arising Out of PS. Case No.-238 Year-2020 Thana- PIPRA District- East Champaran ====================================================== 1.

SURESH RAI S/O LATE BALCHAND RAI RESIDENT OF VILLAGE BHERKIYA, TOLA CHIKULIYA, P.S-PIPRA, DISTRICT-EAST CHAMPARAN.

2.

RAMESH RAI S/O NATHUNI RAI RESIDENT OF VILLAGE BHERKIYA, TOLA CHIKULIYA, P.S-PIPRA, DISTRICT-EAST CHAMPARAN.

3.

ASHOK RAI S/O LATE JAMUN RAI RESIDENT OF VILLAGE BHERKIYA, TOLA CHIKULIYA, P.S-PIPRA, DISTRICT-EAST CHAMPARAN.

4.

BHUSHAN RAI S/O PRASAD RAI RESIDENT OF VILLAGE BHERKIYA, TOLA CHIKULIYA, P.S-PIPRA, DISTRICT-EAST CHAMPARAN.

5.

SIKANDAR RAI S/O NATHUNI RAI RESIDENT OF VILLAGE BHERKIYA, TOLA CHIKULIYA, P.S-PIPRA, DISTRICT-EAST CHAMPARAN.

6.

VIJAY RAI S/O HARINDRA RAI RESIDENT OF VILLAGE BHERKIYA, TOLA CHIKULIYA, P.S-PIPRA, DISTRICT-EAST CHAMPARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office.

Patna High Court CR. MISC. No.23027 of 2021(2) dt.06-01-2022 2/3 The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354, 447, 379, 380, 427, 504 and 506 of the Indian Penal Code.

It is a case of assault on the informant's side and his wife, namely, Dulari Devi and one Janaki Devi was also injured and there is specific allegation of overt-act against co-accused Ravindra Rai who inflicted the injury to the informant's wife, Dulari Devi.

It is submitted by learned counsel for the petitioners that there is general and omnibus allegation of assault and outraging the modesty against the petitioners and the specific allegation of assault is against co-accused Ravindra Rai and not against these petitioners. It is further submitted that petitioners have got clean antecedent.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra

Patna High Court CR. MISC. No.23027 of 2021(2) dt.06-01-2022 3/3 P.S. Case No. 238 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U T