Basudeo Rai And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.19048 of 2016 (2) dt.11-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19048 of 2016 Arising Out of PS.Case No. -61 Year- 2015 Thana -MAHILA PS DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Basudeo Rai Son of Harichandra Rai

2. Rameshwar Rai

3. Binod Rai

4. Pramod Rai Sons of Basudeo Rai all residents of village - Karariya Bairagi Tola, P.S. Kotwa, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. Ajay Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for anticipatory bail arises out of Mahila P.S. Case No. 61 of 2015, disclosing offences under Sections 147,447,341,342,504,331,328,379,448,427/34 of the Indian Penal Code and 3⁄4 of the Prevention of Witch Practices Act, 1999. It is alleged that petitioners and other co-accused persons armed variously, used unparliamentary language and called the informant "Daiyen". It is also alleged that they assaulted her and snatched golden chain from her. There is allegation against coaccused Naresh Rai that he forced the informant to drink dirty

Patna High Court Cr.Misc. No.19048 of 2016 (2) dt.11-05-2016 stool.

Learned counsel appearing on behalf of the petitioners has submitted that all the accused persons are belonged to the same family. The informant and the petitioners are next door neighbours. There is some civil dispute also between them. Considering the facts and circumstances of the case, this application is allowed. Let the petitioners above named in the event of their arrest/surrender within four week from today in the Court below, 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 the learned Chief Judicial Magistrate, Motihari, East Champaran in Mahila P. S. Case No. 61 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

ArunKumar/- (Chakradhari Sharan Singh, J) U