Rafik Rain @ Rafiq Rain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34341 of 2021 Arising Out of PS. Case No.-99 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== Rafik Rain @ Rafiq Rain Son Of Khalil Rain Resident Of Village - Khairwa Tola Khap, Ward No.17, P.S.- Majorganj, Distt.- Sitamarhi (Bihar). ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Mritunjay Kumar, APP For the informant :

Mr. Ayush Kumar, Mr. Ranjeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 354, 379, 504 and 34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons assaulted the informant and his son while they were guarding their orchard due to which they sustained injuries. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.34341 of 2021(2) dt.12-04-2022 2/2 has falsely been implicated in the present case. A case was instituted by the brother of the petitioner against the informant prior to institution of the present case. The present case is nothing but a counter blast to the earlier case instituted by the brother of the petitioner. The alleged occurrence is said to have taken place on 12.6.2020 for which F.I.R. was instituted on 2.7.2020. The delay has not been explained by the prosecution.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- I, Sitamarhi in connection with Majorganj P.S. Case No. 99/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T