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Patna High CourtCR. MISC./23317/2020partly allowed disposal

Mahesh Rai v. The State Of Bihar

2021-03-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23317 of 2020 Arising Out of PS. Case No.-386 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== 1.

MAHESH RAI S/o Punyakal Rai Resident of Yadurampur, P.S.-Dariyapur, District-Saran.

2.

Manish Rai S/o Mahesh Rai Resident of Yadurampur, P.S.-Dariyapur, District-Saran.

3.

Ramjhariya Devi D/o Punyakal Rai Resident of Yadurampur, P.S.-Dariyapur, District-Saran.

4.

Mukesh Rai S/o Punyakal Rai Resident of Yadurampur, P.S.-Dariyapur, District-Saran.

5.

Ashok Rai S/o Punyakal Rai Resident of Yadurampur, P.S.-Dariyapur, District-Saran.

6.

Punyakal Rai S/o Late Arjun Rai Resident of Yadurampur, P.S.-Dariyapur, District-Saran.

7.

Vyas Rai @ Awadhesh Rai S/o Punyakal Rai Resident of Yadurampur, P.S.- Dariyapur, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Namrata Mishra, Advocate Mr.Ratanakar Jha,Advocate For the Opposite Party/s :

Mr.Parmeshwr Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-03-2021 Heard counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Dariyapur P.S. Case No. 386 of 2019 for offences under Sections 304(B), 201, 120(B)/34 IPC. Learned counsel for the petitioners submits that the petitioner No. 1Mahesh Rai, is Bhaisur, petitioner No. 2 is nephew of the husband, petitioner no. 3 is Nanad, petitioner No. 4 is Nandoi, petitioner no. 5 is Debar, petitioner no. 6 is father-

Patna High Court CR. MISC. No.23317 of 2020(4) dt.23-03-2021 2/2 in-law and petitioner no. 7 is Bhaisur of the deceased. Considering the materials available on the record, the Court is not inclined to grant privilege of anticipatory bail to petitioner Nos. 1,2,5,6 and 7. The prayer for anticipatory bail on their behalf is, accordingly, rejected. However, if they surrender before the Court below and pray for regular bail the same shall be considered and disposed of on the same day without being prejudiced by rejection of their prayer for anticipatory bail by this Court.

So far as the petitioner Nos. 3 and 4 are concerned, they are married Nanad and Nandoi, the Court is inclined to grant privilege of anticipatory bail to them. Let the petitioner Nos. 3 and 4, above named, in the event of arrest or surrender within one month from the date of communication of the order, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Chapra in connection with Dariyapur P.S. Case No. 386 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Anil Kumar Upadhyay, J) spandey/- U T