Patna High CourtCR. MISC./35311/2015bail granted

Dashrath Rai And ORS v. The State Of Bihar

2015-08-27Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35311 of 2015 Arising Out of PS.Case No. -89 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Dashrath Rai Son of Tileshwar Rai

2. Arbind Rai @ Arvind Kumar Rai Son of Shiv Bachan Rai

3. Bipin Rai son of Suryabansh Rai All residents of Village - Dharampura, P.S. Nokha (Dharampura), District - Rohtas (Sasaram). .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Babu Nandan Prasad, Advocate. For the Opposite Party : Mr. Ram Shankar Das (Spl.APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-08-2015 Heard learned counsel for the petitioners as well as learned counsel for the State.

In this application for anticipatory bail the petitioners apprehend their arrest for the offences punishable under sections 376 and 511 of the I.P.C and section 3 (X) of SC/ST Act. At the very out set it has been submitted that in this case similarly situated co-accused Ram Surat Rai has been allowed pre-arrest bail vide Cr. Misc. No. 35269 of 2015 by order dated 20.08.2015. The main allegation is against co-accused Manoj Kumar Rai. However, the matter has been compromised and the compromise petition has been filed in the court below. The learned A.P.P. is not in a position to distinguish

Patna High Court Cr.Misc. No.35311 of 2015 (2) dt.27-08-2015 2/2 the case of the petitioners from co-accused Ram Surat Rai who has been allowed pre-arrest bail by another Bench of this Court. Considering that main accusation is against Manoj Kumar Rai, not against the petitioners and as such the petitioners in case of their arrest or surrender within one month from the date of receipt/production of a copy of this order shall 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. S.D.J.M. Rohtas (Sasaram) in Nokha (Dharampura) P.S. Case No. 89 of 2015, subject to the conditions as laid down in section 438

(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T