Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19175 of 2024 Arising Out of PS. Case No.-128 Year-2023 Thana- BHELDI District- Saran ====================================================== ANIL RAI SON OF SAHEB RAI RESIDENT OF VILLAGE - LAHER CHAPRA, P.S. - BHELDI, DISTRICT - SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kumari For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-07-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bheldi Police Station Case No. 128 of 2023, dated 12.05.2023, disclosing offences under Sections 341/324/307/504 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 15.04.2023, in the evening, the elder brother of the informant i.e. the petitioner was assaulting his wife. When the informant intervened, the petitioner abused and pierced knife into his abdomen.

4. Learned counsel for the petitioner submits that the petitioner is full brother of the informant and there was no intention to cause grievous injury and/or death to his

Patna High Court CR. MISC. No.19175 of 2024(3) dt.31-07-2024 2/2 brother. He further submits that the matter has been compromised and good sense has prevailed between them. The doctor's opinion regarding the nature of injury is grievous.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner and the informant are full brother and both have come to a compromise, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Saran at Chapra, in connection with Bheldi Police Station Case No. 128 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T