Balister Rai @ Balist Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53337 of 2015 Arising Out of PS.Case No. -311 Year- 2014 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Balister Rai @ Balist Rai son of Ramadhar Rai, resident of villageTikuliya, P.S.- Paharpur, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. M.K. Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Paharpur P.S.Case No.311 of 2014 registered under Sections 341, 323, 324, 379 and 504/34 of the Indian Penal Code. It is contended that the informant Pramila Devi and wife of the petitioner, namely, Rima Devi are full sisters whereas the husband of the informant and this petitioner are full brothers. The dispute relates to probate case filed by the informant as Probate Case No.28 of 2008 pending in the court of Sub- Judge-I, Motihari, East Champaran. The said probate case is being contested by the petitioner and other co-accused because of which

Patna High Court Cr.Misc. No.53337 of 2015 (2) dt.07-12-2015 2/2 they have been implicated in this case.

Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Paharpur P.S. Case No.311 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T