Jai Mangal Rai And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22512 of 2015 Arising Out of PS.Case No. -835 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Jai Mangal Rai S/o Late Kishuni Rai

2. Shyam Nandan Rai S/o Singar Rai .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Baldeo Rai S/o Late Dhari Rai .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Ranjan, Advocate For the Opposite Party/s : Mr. B.Ram (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-05-2015 Heard learned counsels for the petitioners and the State.

The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 379, 354 of the Indian Penal Code. It is alleged that all the accused persons abused the complainant on protest being made co-accused Raj Kumar Rai ordered to kill the complainant then all accused persons surrounded the complainant and assaulted with fists and slaps when wife and daughter-in-law of the complainant came to save him then all the accused persons assaulted his wife causing injury whereas the petitioners made the daughter-in-law of the complainant naked and caused injury to her. It is further alleged

Patna High Court Cr.Misc. No.22512 of 2015 (2) dt.22-05-2015 2/2 that co-accused Raj Kumar Rai and petitioner Jai Mangal Rai put the towel around the neck of the complainant and dragged him on the road and assaulted. The accused persons also robbed the tobacco crop of the complainant.

It is submitted by learned counsel for the petitioners that petitioners are agnate of the informant. For the occurrence of 11.03.2014, the complaint was filed on 25.03.2014 and the complaint petition does not contain any injury report. There is counter version of the occurrence also due to land dispute and litigating terms between the parties.

Considering the delayed lodging of the complaint and statement made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 2nd Class, Vaishali at Hajipur in connection with Complaint Case No.835 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T