Kusheshwar Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50504 of 2015 Arising Out of PS.Case No. -46 Year- 2013 Thana -SC/ST PS District- DARBHANGA ======================================================

1. Kusheshwar Rai, son of Late Ram Kishun Rai.

2. Maharani Devi, wife of Kusheshwar Rai.

3. Ramsagar Rai, son of Kusheshwar Rai.

4. Raj Kishore Rai @ Ram Kisho Rai, son of Kusheshwar Rai.

5. Binod Rai, son of Kusheshwar Rai.

6. Manki Devi, wife of Ram Sagar Rai.

All are R/o village - Pakaria, P.S. Kusheshwar Asthan, District - Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 10-12-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with SC/ST Darbhanga P.S. Case No.46 of 2013 registered under Sections 147, 148, 323, 379 and 504 of the Indian Penal Code besides Sections 3(1)(X) of the SC/ST Act, pending in the court of S.D.J.M. Biroul, District-Darbhanga.

The allegation of the informant is that all the petitioners armed with deadly weapons came at his door and started to abuse her in filthy language. While on her 'hulla', nearby people

Patna High Court Cr.Misc. No.50504 of 2015 (3) dt.10-12-2015 2/2 gathered there but on seeing them, the petitioners started abusing her denoting her caste's name. The villagers tried to pacify the matter but the petitioners did not stop giving abusive language to the informant and assaulted her with fists and slaps and took away all the belongings of her house worth Rs.40,000/-. Having considered the facts and the circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected. However, the petitioners are directed to surrender before the trial court within six weeks from today and pray for regular bail, which shall be considered by the trial court on its own merit without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) P.S./- U T