Lallu Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51970 of 2017 Arising Out of PS.Case No. -645 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Lallu Rai son of Sri Narad Rai, resident of Village- Garabhua, P.S. Sirisia, District- West Champaran
2. Harendra Prasad @ Harendra Prasad Kushwaha son of Sri Baidyanath Prasad, resident of village- Jagdishpur Diuliya, P.S. Jagdishpur, DistrictWest Champaran.
3. Chuman Sah son of Late Shankar Sah, resident of village- Mahna, P.S. Bettiah Muffasil, District- West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-11-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the state.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Bettiah Muffasil P.S. Case No. 645 of 2015 for the offences punishable under sections 147, 341, 323, 354, 379, 504 and 506 of the I.P.C. Allegedly, the petitioners and other FIR named accused came near the vehicle of the informant and started assaulting her husband and on protest she was also assaulted, misbehaved and her cloths were torn and further gold necklace,
Patna High Court Cr.Misc. No.51970 of 2017 (2) dt.09-11-2017 2/3 mangal sutra and purse were snatched. Her husband informed Bettiah Town police station and Bettiah Muffasil police station and then police came and the key of the vehicle was handed over to the Muffasil Police Station.
Submission is of false implication and that this case is counter case of Muffasil P.S. Case No. 644 of 2015 which has been lodged by petitioner no.2, from perusal of FIR of Muffasil P.S. Case No. 644 of 2015 it reveals that for the Bolero vehicle occurrence has taken place, there is no specific allegation against the petitioners, the allegations are omnibus and general in nature and as such the petitioners deserve sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.
In the facts and circumstances stated above, considering that earlier petitioner no.2 has lodged Mufassil P.S. Case No. 644 of 2015 and thereafter this case has been lodged, further there is no specific allegation against the petitioners and as such the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall 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 Sri C.B. Ram, J.M, 1st Class,
Patna High Court Cr.Misc. No.51970 of 2017 (2) dt.09-11-2017 3/3 Bettiah, West Champaran in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T