Mantu Rai And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.31866 of 2015 (2) dt.13-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31866 of 2015 Arising Out of PS.Case No. -148 Year- 2014 Thana -NAUTAN District- SIWAN ======================================================

1. Mantu Rai

2. Shailesh Rai

3. Nilesh Rai All are sons of Om Prakash Rai resident of village - Khalawa, P.S. Nautan, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Nautan P.S. case No. 148 of 2014, disclosing offences under Sections 448,341,323,324,380,504/34 of the Indian Penal Code. All the petitioners are full brothers.

Learned counsel for the petitioner submits that the petitioners and the informant are co-villagers and the case has been instituted because of some rivalry before them. He has further submitted that the accused persons also sustained injuries and the allegation that the petitioners took away certain articles from the house of the Informant has not been supported by the

Patna High Court Cr.Misc. No.31866 of 2015 (2) dt.13-08-2015 witnesses in course of investigation. He has also submitted that similarly situated co-accused persons have been granted regular bail by the Court below.

In view of the submissions as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in Nutan P.S. Case No. 148 of 2014, 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 petitioner shall present themselves before the Police/Court, as the case may be, 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 liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U