Raju Rai @ Raj Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.56237 of 2017 (2) dt.04-12-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56237 of 2017 Arising Out of PS.Case No. -134 Year- 2016 Thana -DIGHA District- PATNA ====================================================== Raju Rai @ Raj Kumar, son of Late Krishna Kumar Rai, Resident of Village- Makhdumpur Gate No. 88, Police Station- Digha, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Digha P.S. Case No. 134 of 2016, registered under Sections 341, 323, 354, 504 and 506/34 of the Indian Penal Code. The accusation is that in the evening of 26.05.2016, informant, Arun Kumar Tiwary, along with his wife went to his land at village Pahelega, which was purchased in the name of his wife then Dali Rai, Arjun Rai and this petitioner along with two unknown came there and started to abuse them and caused assault through fist and slaps by catching the hand of informant's wife and one of them pointed pistol to him. In the meantime, Dali Rai, Arjun Rai and this petitioner surrounded his wife and unfold her
Patna High Court Cr.Misc. No.56237 of 2017 (2) dt.04-12-2017 'Sari' and tried to outrage her modesty.
Learned counsel for the petitioner submits that, in fact, due to land dispute hot talk was exchanged in between the petitioner and the informant, but with ulterior motive the present case has been lodged with false allegation. It is further submitted that similarly situated co-accused, Arjun Rai @ Arjun Kumar Singh, has already been granted privilege of pre-arrest bail by a Bench of this Court vide order dated 19.09.2017 passed in Criminal Misc. No. 23640 of 2017.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate Ist Class, Patna, in connection with Digha P.S. Case No. 134 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T