Devendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39304 of 2019 Arising Out of PS. Case No.-47 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== Devendra Rai S/o Manager Rai R/o village- Chamahi, P.S.- Chhauradano, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-06-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Chhauradono P.S. Case No. 47 of 2019, registered under Sections 147, 148, 149 and 302 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Motihari. The accusation is that on 13.02.2019, at about 7.15 P.M., when Chandan Kumar, son of the informant was sitting at his door then petitioner came there and made inquiry that why information was given to the police about selling of illicit liquor by him and his maternal uncle, Ajay. When his son made protest then petitioner stated to abuse and called his family members. Thereafter, six persons named in the F.I.R. including the
Patna High Court CR. MISC. No.39304 of 2019(2) dt.27-06-2019 2/2 petitioner having lathi, danda, iron rod came there and started to assault his son. In the meantime, on the order of Manajar Rai, this petitioner caused injury at the hydrocele of his son through iron rod whereas Ajay Rai, Dependra Rai and Manajar Rai also started to assault his son, in which, he son became unconscious. Thereafter, his son was rushed to Khairwa Primary Hospital, where his son was declared dead.
Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T