Raj Kishore Kumar @ Raj Kishore Rai And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35020 of 2016 Arising Out of PS.Case No. -267 Year- 2015 Thana -COMPLAINT CASE District- SHEOHAR ======================================================
1. Raj Kishore Kumar @ Raj Kishore Rai, Son of Jawahar Lal Rai
2. Jawahar Lal Rai, Son of Khenharu Rai
3. Basath Rai @ Bashisth Rai, Son of Late Ramdeo Rai
4. Harihar Rai @ Harendra Rai @ Hari Kishore Rai, Son of Late Bahadur Rai
5. Gajadhar Rai, Son of Late Yogendra Rai
6. Rani Devi, D/o Deepa Rai
7. Lalan Rai, Son of Late Yogendra Rai All resident of Village- Sundarpur Kharauna, P.S.- Sheohar, District Sheohar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sushila Devi, W/o Chandradeo Rai, R/v- Sundarpur Kharauna, P.S. Sheohar, District- Sheohar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-09-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend arrest in connection with Complaint Case No. C-1/267 of 2015 for offences alleged under Sections 120-B, 323, 307 of the Indian Penal Code. Allegation is that all the accused persons abused the complainant with filthy words and also assaulted her with lathi, danda and petitioner no. 1 by tying a string on her neck dragged her. Upon alarm being raised by her, villagers came and
Patna High Court Cr.Misc. No.35020 of 2016 (2) dt.08-09-2016 2/3 saved her.
It has been submitted by the learned counsel for the petitioners that they are innocent and have been falsely implicated in the aforesaid case due to land dispute going on between the parties. He submits that the petitioners have lodged Case No. 298/15 before the S.D.M., Sheohar, a case under Section 147 Cr.P.C. in Case No. 358/2015 and petitioner no. 3 has filed Sheohar P.S. Case No. 128/15. He submits that both parties are inimical to each other and the dispute is civil in nature. He further submits that the petitioners have no criminal history, as is evident from paragraph 3 of this petition.
However, learned APP for the State submits that the petitioners are named in the complaint, hence, opposes the prayer for bail.
Be that as it may, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar, in connection with Complaint Case No. C-1/267 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
Patna High Court Cr.Misc. No.35020 of 2016 (2) dt.08-09-2016 3/3 It is, however, made clear that the petitioners will cooperate with the investigation and appear before the police/ court as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of their bail bonds.
(Nilu Agrawal, J.) Rajesh/- U T