Shiv Nath Rai And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15842 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -PATLIPUTRA District- PATNA ======================================================
1. Shiv Nath Rai,
2. Ram Nath Rai, Both Sons of Late Banbari Rai, Resident of MohallaGosai Tola, Kutti Machine Gali, P.S.- Patliputra, District- Patna. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners, learned counsel appearing on behalf of the informant and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Patliputra P.S. Case No. 61 of 2017, registered under Sections 341, 323, 354, 307, 504 and 506/34 of the Indian Penal Code. The accusation is that on 21.02.2017 at about 3.00 P.M. both the petitioners were making pucca road then informant Rekha Devi informed the Police then Police party came and forbade the petitioners not to do so. Thereafter, petitioners along with Usha Devi, Binod Rai, Sonu Kumar, Dilip Rai, Lali Kumar, Bittu Thakur and Ranbir Rai came and started brick batting at the informant and his mother-in-law Badamia Devi. When informant tried to save her then petitioner No.1 Shiv Nath Rai tried to outrage her modesty and torn
Patna High Court Cr.Misc. No.15842 of 2017 (2) dt.13-07-2017 2/2 her balauz and sari and Dilip Rai, Sonu Kumar and Lali Kumar assaulted the informant through brick batting. Learned counsel for the petitioners submits that informant is the daughter in law of the petitioners and due to land dispute, this false case has been lodged.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the Sub-Judge-XII-ACJM, Patna in connection with Patliputra P.S. Case No. 61 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T