Tejnarayan Rai @ Tejnarain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14773 of 2022 Arising Out of PS. Case No.-336 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== 1.

TEJNARAYAN RAI @ TEJNARAIN Son of Banai Ray Resident of Village - Ramnagra, P.S.- Riga, Dist.- Sitamarhi 2.

Kamani Devi Wife of Tejnarayan Rai @ Tejnarain Resident of Village - Ramnagra, P.S.- Riga, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

At this stage, learned counsel for the petitioners seeks permission to make rectification in the cause title of petitioner no. 2.

Permission is accorded.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant is father-in-law of the petitioners who alleges that

Patna High Court CR. MISC. No.14773 of 2022(3) dt.20-09-2022 2/3 on account of dispute in the family, his son and daughter-inlaw i.e., the petitioners assaulted him and other family members.

Learned counsel for the petitioners submits that the son of the informant has already been taken into custody and the petitioner is the daughter-in-law against whom the allegation of assault is general and omnibus in nature, it is also submitted that the injury suffered by the injured is simple in nature, it is next submitted that since petitioner is the wife of the informant's son, as such she has also been roped in the present case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that since the father-in-law himself has instituted the present case alleging that he along with other family members was assaulted by his own son and daughter-in-law as such the petitioners do not deserve the privilege of anticipatory bail.

Considering the submissions made by the learned counsel for the petitioners, the Court is not inclined to grant the privilege of anticipatory bail. However, if the petitioners surrenders before the learned trial court on or before 14.10.2022, then the learned trial court shall dispose of the

Patna High Court CR. MISC. No.14773 of 2022(3) dt.20-09-2022 3/3 case on the same day keeping in mind that petitioner is a lady and is wife of the son of the informant and the injuries suffered are simple in nature and there is a dispute in the family.

(Satyavrat Verma, J) Shivam/- U T