Raj Kumar @ Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33670 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.
Raj Kumar @ Raja Kumar Son of Baidnath Raut @ Baijnath Raut, Resident of Village- Raghunathpur, P.S.- Turkaulia, Dist.- East Champaran. 2.
Ravi Kumar Son of Baidnath Raut @ Baijnath Raut, Resident of VillageRaghunathpur P.S.- Turkaulia, Dist.- East Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikram Jeet For the Opposite Party/s :
Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2019 Heard both sides.
Petitioners apprehend their arrest in Motihari Town P.S. Case No.100 of 2019 registered under Sections 341, 323, 354, 504, 379, 506 and 34 the Indian Penal Code. The informant alleged that when she reached near Hero Honda agency, Raja Kumar (auto-rickshaw driver) and his brother Ravi Kumar hurled abusive language. Raja Kumar pulled her scarf and torn her clothes. Both the accused persons snatched her mobile.
Learned counsel for the petitioners submits that the occurrence took place on 08.02.2019 but the informant lodged the case on 13.02.2019. She did not give any explanation for
Patna High Court CR. MISC. No.33670 of 2019(2) dt.22-05-2019 2/2 delay of 5 days. In fact, the informant used to travel on the autorickshaw of the petitioners and some dispute arose due to monthly amount of auto fare for which the present case and earlier case bearing Town P.S. Case No.886 of 2018 were lodged.
Having considered the facts and the nature of allegation made against the petitioners and the fact that the informant lodged the case after five days of the occurrence, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari in connection with Motihari Town P.S. Case No.100 of 2019 (G.R. No.983 of 2019), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T