Umesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25779 of 2020 Arising Out of PS. Case No.-52 Year-2020 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.
UMESH RAI, S/o Khehru Ray @ Khehru Rai 2.
Raju Rai, S/o Ganesh Rai 3.
Prameela Devi, W/o Ganesh Rai 4.
Chanchala Devi, W/o Umesh Rai All R/o Village - Basaha, P.S. - Bajpatti, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinesh Jha, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-10-2020 The matter has been taken up through virtual Court proceeding.
Let the defects, if any, be removed within fifteen days of the start of the physical Court.
Petitioner No. 1 Umesh Rai and Petitioner No. 2 Raju Rai have already been arrested. Hence, their prayer for anticipatory bail is infructuous now.
Heard learned counsel for the petitioner no. 3 and 4 and learned Additional Public Prosecutor for the State. The petitioner no. 3 and 4 are apprehending their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 354, 307 and 325/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.25779 of 2020(2) dt.14-10-2020 2/3 Petitioner No. 3 Prameela Devi and Petitioner No. 4 Chanchala Devi are females having no allegation of commission of assault to any one. Moreover, both sides are agnates and complaint based allegation reveals that property dispute is reason behind the occurrence.
Considering the nature of dispute, let the Petitioner No. 3 Prameela Devi and Petitioner No. 4 Chanchala Devi, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bajpatti Police Station Case No. 52 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner no. 3 and 4 shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
(b) Both the bailors shall be residents of the territorial jurisdiction of the learned court below.
Patna High Court CR. MISC. No.25779 of 2020(2) dt.14-10-2020 3/3 (c) The petitioner no. 3 and 4 shall not leave the country without permission of the trial court. (Birendra Kumar, J) Kundan/- U T