Rabindra Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6781 of 2015 Arising Out of PS.Case No. -261 Year- 2014 Thana -KUDHANI District- MUZAFFARPUR ======================================================

1. Rabindra Rai Son of Sukhari Rai Resident of Village - Raghunathpur Basant, P.s. Kudhani, District - Muzaffarpur.

2. Sita Devi Wife of Ravindra Rai Resident of Village - Raghunathpur, Basant, P.S. - Kudhani, District - Muzaffarpur.

3. Raj Kali Devi Wife of Basant Rai, Resident of Village - Raghunathpur, P.S. - Kudhani, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kalyan Shankar For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-02-2015 Heard both sides.

The petitioners apprehend their arrest in Kudhani P.S. Case No. 261 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and Section 27 of the Arms Act.

The informant named the petitioner and made allegation that the accused persons assaulted the informant, her husband and mother-in-law.

It is submitted that against petitioner no. 1 Rabindra Rai there is allegation of firing but nobody was injured in the firing. Even empty cartridge was not recovered from the place of

Patna High Court Cr.Misc. No.6781 of 2015 (2) dt.23-02-2015 2/2 occurrence. Against petitioner nos. 2 and 3 Sita Devi and Raj Kali Devi there is allegation that they threw conc. acid causing burn injury to the informant and his family members. Considering the facts aforesaid I am not inclined to enlarge the petitioner nos. 2 and 3 Sita Devi and Raj Kali Devi on anticipatory bail. Accordingly, the same is rejected. So far as the case of petitioner no. 1 Rabindra Rai is concerned there is allegation that he opened firing but nobody was injured and empty cartridge was not recovered from the place of occurrence, the petitioner no.

1 Rabindra Rai, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Kudhani P.S. Case No. 261 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T