Santosh Roy @ Santosh Kr. And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54432 of 2018 Arising Out of PS. Case No.-349 Year-2018 Thana- SHASTRINAGAR District- Patna ======================================================
1. Santosh Roy @ Santosh Kr., Son of Swayambar Roy, Resident of Village- Dudhela, P.S.- Sonpur, District- Saran.
2. Ashok Rai, Son of Sudama Rai,
3. Ranjeet Rai, Son of Sudama Rai, Both 2 & 3 resident of VillageBishunpur Diar, P.S.- Akilpur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 54454 of 2018 Arising Out of PS. Case No.-349 Year-2018 Thana- SHASTRINAGAR District- Patna ======================================================
1. Sudama Rai Son of late Awadh Rai
2. Dilip Roy Son of Veer Roy
3. Veer Roy Son of Sudama Rai All Resident of MohallaShivapuri, P.S.- Shastrinagar, District-Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In Criminal Miscellaneous No. 54432 of 2018) For the Petitioner/s :
Mr. Man Mohan Kumar For the Opposite Party/s :
Mr. Akhileshwar Dayal (In Criminal Miscellaneous No. 54454 of 2018) For the Petitioner/s :
Mr. Man Mohan Kumar For the Opposite Party/s :
Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Supplementary affidavit has been filed on behalf of the petitioners in Cr.Misc.No.54454 of 2018. Same be kept on the record.
Heard learned counsel for the petitioners, learned APP
Patna High Court Cr.Misc. No.54432 of 2018(2) dt.05-10-2018 2/3 for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 452, 341, 323, 354, 307, 379 of the Indian Penal Code.
The prosecution case, in short, is that the accused persons including the petitioners assaulted the informant, her husband and sons, due to which they sustained injuries. The accused persons also attempted to outrage the modesty of the informant and took out Rs.5000/- from her purse.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Both parties are agnates. Due to property dispute, the alleged occurrence is said to have taken place. The alleged occurrence is said to have taken place 12 in the night. Source of identification has not been disclosed by the prosecution. Four persons are said to have been injured in course of occurrence. In respect of Dahaur Rai and Vikash Kumar, the nature of injury has been kept reserve. In respect of others, the injury is said to be simple in nature.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Patna High Court Cr.Misc. No.54432 of 2018(2) dt.05-10-2018 3/3 Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge IVcum-A.C.J.M., Patna in connection with Shashtrinagar P.S. case No.349 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T