Ashok Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33460 of 2020 Arising Out of PS. Case No.-19 Year-2020 Thana- AMNAUR District- Saran ====================================================== 1.

ASHOK RAI, S/o Ram Chandra Rai Resident of Village-Pakari Mahammad, P.S.-Amnour, District-Saran.

2.

Shrawan Rai, S/o Ram Chandra Rai Resident of Village-Pakari Mahammad, P.S.-Amnour, District-Saran.

3.

Ram Chandra, Rai S/o Late Malik Rai Resident of Village-Pakari Mahammad, P.S.-Amnour, District-Saran.

4.

Sugiya Devi, W/o Ram Chandra Rai Resident of Village-Pakari Mahammad, P.S.-Amnour, District-Saran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-03-2021 Heard Ms. Bela Singh, the learned counsel for the petitioners and Mr. Nityanand, learned APP for the State.

The application with respect to petitioner no. 2 has already been withdrawn because of his arrest.

2/4 The petitioner nos. 1, 3 and 4 seek bail in anticipation of their arrest in connection with Amnour P. S. Case No. 19 of 2020, dated 24.10.2020, instituted for the offences under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

The petitioner no. 1 is the full brother of the informant whereas the petitioner nos. 3 and 4 are the parents of the informant as well as petitioner no. 1. The accusation in the F.I.R. is that the wife of the informant was regularly being tortured and assaulted by the petitioners and on one occasion, an attempt was made to immolate her but somehow or the other, she could be saved. When the informant went to rescue his wife, he too was assaulted.

The learned counsel for the petitioners has submitted that it is an absolutely false and concocted case. There is a dispute between the informant and his brothers and the present case is only a fall out of that dispute.

3/4 Petitioner no. 1 and another brother of petitioner no. 1 had constructed a house of their own income in which the informant wanted a share, which request was not acceded to by petitioner no. 1 and the petitioner nos. 3 and 4 also did not support such claim of the informant.

On 23.01.2020, the wife of the informant fell on a stove, leading to simple injuries on her. Considering the nature of accusation and relationship of the parties, petitioner nos. 1, 3 and 4 are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate II, Saran, in connection with Amnour P. S. Case No. 19 of 2020, subject to the conditions as laid

4/4 down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T