Umesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33368 of 2016 Arising Out of PS.Case No. -232 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Umesh Rai Son of Chandradeep Rai Resident of Village- Saraisa, Pohiyari, P.S. Desari, District Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Desari P.S. Case No. 232 of 2015 registered under Sections 147, 148, 149, 341, 323, 324, 307, 427, 354 and 379 of the Indian Penal Code.
Learned counsel for the petitioner submits that in fact, Chandradeep Rai, father of the petitioner has two brothers namely, Ram Nandan Rai and Yugal Rai, husband of the informant. Yugal Rai got registered the sale deed in favour of Ram Nandan Rai, who is issue less. After knowing about committing fraud by the husband of the informant, Ram Nandan Rai lodged the Complaint Case No. 3071 of 2015 against the husband of the
Patna High Court Cr.Misc. No.33368 of 2016 (2) dt.24-08-2016 2/2 informant, in which petitioner is also the witness. Due to that reason, petitioner has falsely been implicated in this case. Moreover, it would appear from the F.I.R. that one Mahesh Rai caused injury through farsa at the head of Rajbali Rai and petitioner is said to cause injury through bricks on his head. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Desari P.S. Case No. 232 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Rajendra Kumar Mishra, J) Shail/- U T