Vijay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19428 of 2017 Arising Out of PS.Case No. -270 Year- 2016 Thana -MANER District- PATNA ======================================================

1. Vijay Kumar, Son of Ramanuj Rai,

2. Ranvijay Kumar @ Ranvijay Singh, Son of Sihansan Rai, All are Resident of Khaspur, Chakiatola, P.S.- Maner, District- Patna. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party. ====================================================== Appearance :

For the Petitioners : Mr. Parashuram Singh, Adv. For the Opposite Party : Mr. Ahtash Ali Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-06-2017 Heard learned for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in Maner P.S. Case No.270/2016 registered under Sections 147/148/149/323/ 324/307/354/379/385/384 of the Indian Penal Code. As per the prosecution case, all the accused persons named in the F.I.R. including the petitioner after forming an unlawful assembly descended at the house of the informant and accused Ramadhar Rai misbehaved with her daughter and assaulted her by means of pistol.

It has been submitted by learned counsel for the petitioner that the petitioner has committed no offence and has been falsely implicated in this case. There is no direct allegation against the petitioner. The allegations levelled against him are not

Patna High Court Cr.Misc. No.19428 of 2017 (02) dt.15-06-2017 - 2 - specific rather it is general and omnibus in nature. There is case and counter case between the parties. Moreover, as per the F.I.R. itself the victim has not sustained serious injury the doctor of the P.M.C.H. sent him to the house after prescribing medicines. Considering the facts aforesaid and the nature of allegations as made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned 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.10,000.00 (Rupees Ten Thousand) each with two sureties of like amount each to the satisfaction of learned J.M. 1st Class, Danapur, Patna in Maner P.S. Case No.270/2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prakash Chandra Jaiswal, J) Trivedi/- U T