Jalindra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28462 of 2021 Arising Out of PS. Case No.-3 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== 1.

JALINDRA RAY S/O Munshi Lal Ray R/O Village - Repura, P.S. - Patepur, District - Vaishali.

2.

Vijendra Ray @ Vijindra Ray S/O Munshi Lal Ray R/O Village - Repura, P.S. - Patepur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The present matter has been taken up out of turn on the mentioning slip filed on behalf of the petitioners stating therein that the wife of the petitioner No. 1 is suffering from major health problem and for her treatment, the petitioner no. 1 has to go out of State. Let the mentioning slip filed on behalf of the petitioners be kept on record.

The petitioners are apprehending their arrest in a case

Patna High Court CR. MISC. No.28462 of 2021(2) dt.03-09-2021 2/3 registered under Sections 147, 149, 341, 323, 354(B), 379, 307, 504 and 506 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons came to the darwaja of the informant and assaulted the informant and family members 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. From the order of the Sessions Court, it appears that there is no injury report on record. In paragraph 10 of the present application, it has further been stated that the matter has already been compromised between the parties. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned A.C.J.M. -III, Vaishali at Hajipur in connection with Patepur P.S. Case No. 03/2021,

Patna High Court CR. MISC. No.28462 of 2021(2) dt.03-09-2021 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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

(Sudhir Singh, J) Pankaj/- U T