Dikesh Kumar Rai @ Dikesh Rai @ Dikesh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33396 of 2018 Arising Out of PS.Case No. -272 Year- 2017 Thana -TARAIYA District- SARAN ======================================================
1. Dikesh Kumar Rai @ Dikesh Rai @ Dikesh Kumar, S/o Sri Chandradeo Rai,
2. Nitesh Kumar @ Nitesh Rai, S/o Sri Chandradeo Rai,
3. Munna Kumar Rai @ Munna Rai, S/o Sri Chandradeo Rai, All R/o Vill.- Bhatgai, P.S.- Taraiya, District- Saran at Chapra. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate. For the Opposite Party/s : Smt. Asha Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-06-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Taraiya P.S. Case No. 272 of 2017 instituted for the offence under Sections 341, 323, 324, 307 and 354/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that petitioners have no criminal antecedent. The present case is counter blast of Taraiya P.S. Case No. 273 of 2017 for the same date of occurrence lodged by co-accused Chandradeo Rai against the informant and his family members.
In the instant case it is alleged that petitioner No. 2 assaulted the informant with Farsa causing injury on his head. The
Patna High Court Cr.Misc. No.33396 of 2018 (2) dt.18-06-2018 2/3 allegation against petitioner No. 1 and accused Chunnu Rai is of assaulting the uncle of the informant namely Chhathu Rai. The allegation against petitioner No. 3 is that he assaulted Reena Devi niece of the informant and also tore her cloth. The injury report of the informant has been enclosed as Annexure-3 wherein the Doctor has found simple injury on the person of the informant.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Taraiya P.S. Case No. 272 of 2017, they shall be released on anticipatory 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, IXth, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper
Patna High Court Cr.Misc. No.33396 of 2018 (2) dt.18-06-2018 3/3 with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T