Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48388 of 2021 Arising Out of PS. Case No.-161 Year-2021 Thana- DIGHA District- Patna ====================================================== Shankar Rai S/O Vishram Ray Resident of Village - Kurji Gate No. 71, P.S. - Digha, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satrudhan Kumar, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-02-2022 Heard learned counsel for the petitioner and Smt. Nirmala Kumari, learned A.P.P. for the State through virtual Court proceedings.

The petitioner seeks bail in connection with Digha P.S. Case No. 161 of 2021 instituted for the offences under Sections 307, 341, 323, 325, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 19.05.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that informant (Lalita Devi) alleges that while she was cooking in her house, this petitioner along with named accused persons came and started assaulting her on account of which she

Patna High Court CR. MISC. No.48388 of 2021(3) dt.07-02-2022 2/3 received injury on head and when her son and husband came to rescue her, they were also assaulted and received injuries on leg and hand respectively.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case and further injury on son and husband of the informant are not on vital parts of the body and the informant despite medical advice did not get her X-ray and C.T. scan done, though she alleges that she received injuries on head. Learned counsel further submits that the fact that informant fled and left hospital against medical advice that in itself shows that either no injuries were caused to her or the injuries were simple in nature. Learned counsel submits that petitioner is the elder brother-in-law of the informant.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 19.05.2021, charge-sheet has been submitted in the case and the informant left the hospital against medical advice and did not get her X-ray and C.T. scan done, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.48388 of 2021(3) dt.07-02-2022 3/3 like amount each to the satisfaction of learned S.D.J.M., Patna in connection with Digha P.S. Case No. 161 of 2021 with a condition that one of the bailor shall be the wife of the petitioner (Indu Devi).

(Satyavrat Verma, J) Rishi/- U T