Sonu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11157 of 2020 Arising Out of PS. Case No.-655 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Sonu Rai S/o Ramchandra Rai R/o village- Majuraha, P.S.- Raghunathpur O.P., Turkauliya, District- East Champaran ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :Mr.Karandeep Kumar, Advocate For the Opposite Party :Mr.Dr.Mrityunjaya Kr.Gautam, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-06-2020 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the parties.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 379/307 and other allied sections of the Indian Penal Code.

Prosecution's case, in brief, is that the petitioner and other accused persons went to the door of the informant Chinta Devi with rod, hammer and danda. The petitioner is alleged to have given bamboo blow on the head of informant's daughter Baby Kumari, whereas co-accused Ramchandra Rai assaulted the informant on her head by means of iron rod. Co-accused Shivkali Devi and Rupa Devi assaulted Baby Kumari by means of Danda and snatched ornaments worth of Rs.70,000/-. Petitioner and his father are alleged to have looted articles worth of Rs.50,000/-.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case. Petitioner is the agnate of the informant and he also happens to be his next door neighbour. There is a land dispute between the parties. Petitioner has got no criminal antecedent. Injuries sustained by said Baby Kumari have been found to be simple in

Patna High Court CR. MISC. No.11157 of 2020(2) dt.17-06-2020 2/2 nature. It is also submitted that in view of her injury report section 307 IPC is not attracted against the petitioner. Considering the facts of the case, let the petitioner, above named, in the event of surrender before the Court below, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in Turkaulia (Raghunathpur OP), subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T