Ramashankar Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55027 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -AMNAUR District- SARAN ======================================================

1. Ramashankar Rai, S/o Late Bhageran Rai

2. Abu Rai, S/o Ramashankar Rai Both are residents of Vill - Bishunpur, Piprahi, P.S. - Amnaur, District - Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Amnaur P.S. Case No. 84 of 2017 instituted for the offence under Sections 147, 341, 323, 324, 447, 307 and 504 of the Indian Penal Code. There is no specific allegation of assault against petitioner No. 1. The allegation against petitioner No. 2 is of assaulting the informant and her husband with Dab but the injuries found on the person of the husband of the informant is simple in nature as mentioned in the impugned order of the learned Sessions Judge.

The injury report of both the injured has been

Patna High Court Cr.Misc. No.55027 of 2017 (2) dt.16-11-2017 2/3 enclosed as Annexure-2 series wherein the Doctor has found injuries on the person of the injured, caused by hard and blunt substance.

Learned counsel for the petitioner has submitted that charge sheet has been submitted by the police under Sections 341, 323 and 504 of the Indian Penal Code. The learned Magistrate has taken cognizance against the petitioners under Sections 447, 341, 323, 324, 307 and 504 of the Indian Penal Code. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Amnaur P.S. Case No. 84 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.55027 of 2017 (2) dt.16-11-2017 3/3 automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T