Patna High CourtCR. MISC./13007/2015disposed

Raj Kishore Rai And ANR v. The State Of Bihar

2015-05-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13007 of 2015 Arising Out of PS.Case No. -301 Year- 2012 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Raj Kishore Rai. Son of Mahendra Rai.

2. Nunu Rai Son of Mahendra Rai. Both resident of village - Mahesha Farakpur, P.S.- Runnisaidpur, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-05-2015 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 448, 32, 307, 379 and 504 of the Indian Penal Code. It is alleged that six accused persons including the petitioner variously armed entered into the house of the informant and made assault and when daughter-in-law of the informant came to rescue then she was also assaulted by petitioner no.2. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general and the injury has been found to be simple. The accusation has been levelled in the background of serious land dispute.

Considering the specific accusation against petitioner

Patna High Court Cr.Misc. No.13007 of 2015 (3) dt.22-05-2015 2/2 no.2 this Court is not inclined to grant him anticipatory bail. Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks.

So far as petitioner no.1 is concerned, considering accusation not specific against him, let him be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi in connection with Runnisaidpur P.S. Case No. 301 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T