Laxman Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33096 of 2020 Arising Out of PS. Case No.-180 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== LAXMAN RAI, (M), aged about 30years, S/o Ramchandra Rai, Resident of Village-Bishunpur Diwajit, P.S.-Madhuban, District-East Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Umesh Chandra Verma, Advocate.
For the Opposite Party :
Mr. Choubey Jawahar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the I.P.C.
The prosecution story, in brief, is that on 09.08.2019 at about 6.30 P.M., F.I.R. named accused persons armed with weapons came at the door of the informant and started abusing and attacked on her. Co-accused Shiv Shankar Ram ordered to kill her husband then Laxman Rai (petitioner) assaulted with Farsa on her husband but which hit on the head of the informant
Patna High Court CR. MISC. No.33096 of 2020(2) dt.23-02-2021 2/3 and blood started oozing. When the Jaut of the informant, namely, Ramesh Kumar, came to rescue then the accused persons put Gamchha around his neck and dragged him. Accused persons also snatched golden chain and nose fool and some accused entered into her house and taken away Rs. 12,000/- from the Sanduk (Box).
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is case and counter case between the parties. Free fight is said to have taken place between the parties. Injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, the petitioner above named, in the event of arrest or 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/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.33096 of 2020(2) dt.23-02-2021 3/3 learned A.C.J.M.-IV, Motihari, East Champaran, in connection with Madhuban P.S. Case No. 180/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T