Indrajit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41156 of 2023 Arising Out of PS. Case No.-267 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.

INDRAJIT RAI son of Jhuman Ray Resident of Village - Dumariya PsMohammadpur Dist- Gopalganj 2.

LAKSHMI DEVI W/o- INDRAJIT RAI Resident of Village - Dumariya PsMohammadpur Dist- Gopalganj 3.

ANIL RAY S/o- INDRAJIT RAI Resident of Village - Dumariya PsMohammadpur Dist- Gopalganj 4.

AARTI DEVI wife of Anil Ray @ Anil Kumar Resident of Village - Dumariya Ps- Mohammadpur Dist- Gopalganj 5.

JITENDRA RAY S/o- JHUMAN RAY Resident of Village - Dumariya PsMohammadpur Dist- Gopalganj 6.

AMAN KUMAR RAY @ AMAN KUMAR S/O JITENDRA RAY Resident of Village - Dumariya Ps- Mohammadpur Dist- Gopalganj 7.

Shoshila Devi @ Sohila Devi @ Sohila @ Sosita Devi wife of Jitendra Ray Resident of Village - Dumariya Ps- Mohammadpur Dist- Gopalganj 8.

RAJKISHORE RAY S/o- JHUMAN RAY Resident of Village - Dumariya Ps- Mohammadpur Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354(B), 379, 504 and 506/34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.41156 of 2023(2) dt.04-08-2023 2/3 petitioners are persons with clean antecedent and petitioner nos. 2, 4 and 7 are women.

4. The informant alleges that accused persons including the petitioners came and Indrajit Rai (petitioner no. 1), his sons, brother and wife assaulted her father-in-law by farsa and rod causing injury on his head and fracture in right hand and other family members of the informant also sustained injury on account of assault.

5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that from perusal of the allegation as alleged in the FIR, though it is alleged that father-in-law of the informant was assaulted but then the allegation of assault is not specific rather is general and omnibus in nature. It is next submitted that the injured suffered four injuries out of which three are simple in nature and one caused on the non-vital part of the body i.e. hand is said to be grievous which is swelling.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.41156 of 2023(2) dt.04-08-2023 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahammadpur P.S. Case No. 267 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T