Raj Kumar Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29341 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -GARAUL District- VAISHALI(HAJIPUR) ======================================================
1. Raj Kumar Rai Son of Amarnath Rai
2. Mohan Rai son of Ram Udgar Rai
3. Rambalak Paswan son of Late Nathuni Paswan
4. Nawal Paswan son of Kailash Paswan
5. Laxman Paswan son of Late Ramjahit Paswan
6. Md. Sajjad son of Md. Ayub All are residents of Sahan PS Goraul, Distt. Hazipur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Soban Asghar, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2017 Heard both sides.
The petitioners apprehend their arrest in Goraul P.S. Case No. 76/2017, registered for the offences punishable under Section 380 and other sections of the Indian Penal Code. The informant named the petitioners along with other accused persons and alleged that they entered into her house and took away different articles after assaulting the informant and others. They also committed theft in others house and took away different articles.
Learned counsel for the petitioners submits that Ruksana Khatoon wife of Md. Sabir lodged Goraul P.S. Case No.
Patna High Court Cr.Misc. No.29341 of 2017 (3) dt.21-08-2017 2/2 88/2017 against the informant and others that they entered into her house and assaulted her and took away different articles. The statement of Ruksana was recorded on 14.04.2017 and the same was sent to police station for registration and investigation. It is submitted that there is land dispute between the parties for which proceeding under Section 144 Cr.P.C was also initiated vide case No. 1309/2017 (annexure-2).
Considering the facts aforesaid and nature of allegation made against the petitioners and the fact that there is case and counter case on account of land dispute, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Sub-Divisional Judicial Magistrate, Hajipur, Vaishali in connection with Goraul P.S. Case No. 76/2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T