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Patna High CourtCR. MISC./13609/2020bail granted

Nunu Rai v. The State Of Bihar

2020-06-25Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13609 of 2020 Arising Out of PS. Case No.-287 Year-2016 Thana- PATORI District- Samastipur ====================================================== 1.

NUNU RAI Son of Late Ramjapan Rai Resident of Village - Mukundpur, P.S.- Patori, District- Samastipur 2.

Saroj Rai Son of Late Ramjapan Rai Resident of Village - Mukundpur, P.S.- Patori, District- Samastipur 3.

Fuddu Rai Son of Late Ramjapan Rai Resident of Village - Mukundpur, P.S.- Patori, District- Samastipur 4.

Umesh Rai Son of Late Ramjapan Rai Resident of Village - Mukundpur, P.S.- Patori, District- Samastipur 5.

Ajay Rai @ Anjay Rai Son of Nunu Rai Resident of Village - Mukundpur, P.S.- Patori, District- Samastipur 6.

Manjay Rai @ Manjay Kumar Son of Nunu Rai Resident of Village - Mukundpur, P.S.- Patori, District- Samastipur 7.

Moti Devi Wife of Saroj Rai Resident of Village - Mukundpur, P.S.- Patori, District- Samastipur 8.

Shivti Devi Wife of Fuddu Rai Resident of Village - Mukundpur, P.S.- Patori, District- Samastipur 9.

Kavita Devi Wife of Nunu Rai Resident of Village - Mukundpur, P.S.- Patori, District- Samastipur 10.

Khushbu Devi Wife of Halindar Rai Resident of Village - Mukundpur, P.S.- Patori, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ankur Prakash Sinha For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice.

Patna High Court CR. MISC. No.13609 of 2020(2) dt.25-06-2020 2/3 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 323, 324, 325, 307, 379, 354 and 504 of the Indian Penal Code.

The prosecution case, in short, is that on the pretext of a land dispute, the accused persons assaulted the husband and other family members of the informant due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The alleged occurrence is said to have taken place due to family dispute. The petitioner nos. 7, 8, 9 and 10 are ladies. General and omnibus allegation has been made against the petitioners. No specific injury is attributed against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, in the event

Patna High Court CR. MISC. No.13609 of 2020(2) dt.25-06-2020 3/3 of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Patori P.S. Case No. 287/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T