Parmanand Yadav @ Pramanand Rai And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42569 of 2015 Arising Out of PS.Case No. -356 Year- 2014 Thana -JAKKANPUR District- PATNA ======================================================
1. Parmanand Yadav @ Pramanand Rai, S/o Late Gulabchan Rai.
2. Babloo Rai @ Babloo Yadav.
3. Kamlesh Rai @ Kamlesh Kumar.
4. Umesh Rai.
5. Sunil Rai @ Sunil Kumar.
All (2 to 5) sons of Permanand Rai, Resident of Village-Jaganpura, P.S. Ram Krishna Nagar, District Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 12-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Jakkanpur P.S. Case No.356 of 2014 registered under Sections 342, 343 and 307/34 of the Indian Penal Code. The accusation is that on 14.07.2014 at about 10.00 A.M. in the morning when the informant, Vijay Kumar, was standing near Shivpara Bus Stand to return his home, all of sudden two persons lifted him after intoxicating him and covering his mouth by a cloth, boarded him into Bolero vehicle and after assaulting
Patna High Court Cr.Misc. No.42569 of 2015 (2) dt.12-10-2015 2/3 him left him at a unknown place at Chapra District by tying his hands and legs knowing him to be dead. On seeing unconscious condition, the informant was carried by cattlemen at the Government School from where he was boarded at the train for Hazipur and got down from the train there and from Hazipur he was boarded at the truck for Patna by the old unknown persons and he was got down from the truck by the truck driver at Pahari on 17.07.2014 in the evening at about 05.00 P.M.. In the meantime, the family members of the informant came and took him to the clinic of Dr. Mishra from where he was referred to the P.M.C.H. for better treatment where he was admitted and his treatment is going on. The informant raised suspicion against the petitioner no.1, who is his maternal uncle, and his other family members due to land dispute in between the father of the informant and the petitioner no.1.
Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. that the for the occurrence alleged to have taken place on 14.07.2014, the case has been lodged on 20.07.2014, i.e., after six days, by the informant only raising suspicion against the petitioner no.1, who is his maternal uncle, and his other family members due to land dispute in between the petitioner no.1 and the father of the informant.
Patna High Court Cr.Misc. No.42569 of 2015 (2) dt.12-10-2015 3/3 Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Shri Praveen Kumar Singh, Judicial Magistrate, First Class, Civil Court, Patna, in connection with Jakkanpur P.S. Case No.356 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T