Patna High CourtCR. MISC./24685/2019allowed

Parmendra Rai @ Parmendra Yadav v. The State Of Bihar

2019-04-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24685 of 2019 Arising Out of PS. Case No.-225 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== 1.

PARMENDRA RAI @ PARMENDRA YADAV Son of Sitaram Rai Resident of Village - Patania, P.S.- Riga, Distt - Sitamarhi. 2.

Dharmendra Rai @ Dharmendra Yadav Son of Sitaram Rai Resident of Village - Patania, P.S.- Riga, Distt - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Riga P.S. Case No. 225 of 2018 for the offence punishable under Sections 341, 323, 376, 457 and 34 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the entire case is a counter blast of Riga P.S. Case No. 224 of 2018, at Annexure-2, which has been lodged by the petitioners against the informant's family. Further, it has

Patna High Court CR. MISC. No.24685 of 2019(2) dt.17-04-2019 2/2 been submitted that no case under Section 376 of the I.P.C. is made out against the petitioners which is evident from the Chargesheet submitted by the police and the cognizance taken by the Court, which are at Annexures-3 and 4. Moreover, the occurrence took place on 09.07.2018 whereas the F.I.R. has been lodged on 22.07.2018 after lapse 12 days. Hence, the petitioners may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the, above named, petitioners in the event of their surrender within a period of four weeks 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 C.J.M., Sitamarhi in connection with Riga P.S. Case No. 225 of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T