Lal Babu Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47158 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Lal Babu Rai,
2. Santosh Rai,
3. Mahanth Rai,
4. Lal Parekha Rai @ Lal Rekha Rai, All Sons of Dhurandhar Rai, Resident of Village-Salempur, P.S-PipraKothi, District-East Champaran.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Binod Kumar Mishra For the Opposite Party : Mr. Dr. Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Pipra Kothi P.S. Case no. 86 of 2015 registered under Sections 302, 201, 120(B)/34 of the Indian Penal Code. The prosecution case is that when the informant Ramdhyan Rai received information on phone about accident of his son-in-law Amar Rai, then he proceeded along with his family members at the house of son-in-law, where he found his daughter Anita Devi weeping and on query, she disclosed that there was hot exchange of words in between the petitioner Lal Babu Rai
Patna High Court Cr.Misc. No.47158 of 2015 (3) dt.27-01-2016 2/2 and Satyanarayan Rai, and then she asked her husband Amar Rai to make intervention and when her husband made intervention then Satyanarayan Rai dashed Amar Rai by truck. Thereafter, Amar Rai died and he has been burnt, where the petitioners were also present.
Learned counsel for the petitioners submits that it would appear from the F.I.R. itself that there is only allegation against the petitioners that they were present at the time of cremation of deceased Amar Rai, son-in-law of the informant. Having regard to the facts and circumstances of the case, let the above named petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra Kothi P.S. Case No. 86 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C (Rajendra Kumar Mishra, J) manish/- U T