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Patna High CourtCR. MISC./29860/2015disposed

Ram Janaki Rai And ORS v. The State Of Bihar

2015-07-28Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29860 of 2015 Arising Out of PS.Case No. -140 Year- 2014 Thana -BENIPATTI District- MADHUBANI ======================================================

1. Ram Janaki Rai,

2. Raja Ram Ray,

3. Ram Pratap Rai,

4. Ram Lagan Rai alias Lagan Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. A.A Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-07-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,354B,307 and 379/34 of the Indian Penal Code. It is alleged that the daughter in law of one Gulab Rai fled away from the matrimonial house for three days, thereafter all the accused persons went to the house of the informant, dragged her to the temple when petitioner no. 4 Lagan Rai outraged her modesty by pulling her apparels, co accused Nawal Rai put a towel around her neck and pulled in order to throttle and co accused Gulchan Rai also put a towel around her neck and pulled as a result she became

Patna High Court Cr.Misc. No.29860 of 2015 (2) dt.28-07-2015 2/3 unconscious.

It is submitted by the learned counsel for the petitioners that no overt act is alleged against the petitioners and simply they are members of the mob. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the fact that there is specific accusation against petitioner no. 4, let the learned court below consider the prayer for regular bail of the petitioner no. 4 in case the petitioner no. 4 surrenders within six weeks from today in connection with Benipatti P.S. Case No. 140 of 2014 pending in the court of learned A.C.J.M. Madhubani.

So far as petitioner nos. 1 to 3 are concerned, since there is no specific accusation against them, let the above named petitioner nos. 1 to 3 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Madhubani in connection with the aforementioned case subject to the conditions as laid down under Section

Patna High Court Cr.Misc. No.29860 of 2015 (2) dt.28-07-2015 3/3 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T