Ramrajee Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8145 of 2018 Arising Out of PS. Case No.-73 Year-2017 Thana- CHAKAMHESI District- Samastipur ======================================================

1. Ramrajee Rai, S/o Bindu Rai,

2. Bindu Rai S/o Late Tila Rai, Both R/o Village- Gorai, P.S.- Chakmehsi, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad For the Opposite Party/s :

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-04-2018 After some arguments, the learned counsel for the petitioners seeks permission to withdraw the present petition as far as the Petitioner No. 2, Bindu Rai, is concerned. Accordingly, the present petition is disposed of as withdrawn as far as the petitioner No. 2 is concerned and it is directed that in case, the Petitioner No. 2 surrenders before the concerned court within a period of two weeks from today and prays for regular bail, the concerned court shall dispose of his case of regular bail on the same day.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Chakmehsi P.S. Case No. 73 of 2017 registered for the offence punishable under Sections 147, 341, 323, 307,

Patna High Court Cr.Misc. No.8145 of 2018(3) dt.03-04-2018 2/2 354, 379, 504 and 506 of the Indian Penal Code. The case of the prosecution is that the accused persons are said to have assaulted the prosecution side and the said Bindu Rai is said to have assaulted the informant by farsa resulting in grievous injury.

The learned counsel for the petitioner submits that as far as the Petitioner No. 1, Ramrajee Rai, is concerned, there is no allegation of any specific overt act as against him. It is further submitted that the petitioner No. 1 is having a clean antecedent. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the Petitioner No. 1, Ramrajee Rai, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-1st, Samastipur in connection with Chakmehsi P.S. Case No. 73 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T