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Patna High CourtCR. MISC./31680/2014disposed

Sanjay Kumar Rai And ORS. v. The State Of Bihar

2015-01-212 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31680 of 2014 Arising Out of PS.Case No. -126 Year- 2014 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. Sanjay Kumar Rai son of late Nagendra Rai

2. Ajai Kumar Rai @ Ajay Kumar son of late Nagendra Rai

3. Ranvir Kumar @ Ranveer Kumar Rai @ Lali son of Vinay Kumar Rai

4. Renu Kumari wife of Sanjay Kumar Rai All residents of village Dharampur, P.S. Samastipur, District Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Indra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-01-2015 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, petitioners are seeking anticipatory bail in connection with Samastipur Mufassil P.S. Case No. 126 of 2014 registered for offences under sections 447, 341, 323, 36/511, 379/34 of the Indian Penal Code.

There is an allegation that the information is the handicapped lady. On 22nd March 2013, Sanjay Kumar Rai, Ajay Kumar, Ranvir Kumar @ Lali Rai and Renu Kumari came to her door and started abusing her and when she protected, Sanjay Kumar Rai told that why her daughter takes water from the hand

Patna High Court Cr.Misc. No.31680 of 2014 (3) dt.21-01-2015 2/2 pipe which led to hot discussion between them. On the direction of Ajay Kumar, Sanjay Kumar Rai attempted to commit rape on the victim. There is no allegation of rape against Ajay Kumar Rai, Ranvir Kumar and petitioner No. 4. In view of the above, in the event of petitioner Nos. 2 to 4 arrest or surrender before the court below within four weeks from the date of communication of this order, let petitioner Nos. 2 to 4 be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Samastipur Mufassil P.S. Case No. 126 of 2014, subject to the condition as laid down under Section 438 (2) Cr. P.C. So far petitioner No.1, Sanjay Kumar Rai is concerned, there is a direct allegation against him. This Court does not find any merit to grant him benefit of anticipatory bail and accordingly his bail is rejected.

(Shivaji Pandey, J) Mahesh/- U T