Ram Kumar Rai @ Raj Kumar Rai And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47709 of 2015 Arising Out of PS.Case No. -91 Year- 2015 Thana -VIDYAPATINAGAR District- SAMASTIPUR ======================================================

1. Ram Kumar Rai @ Raj Kumar Rai

2. Chunchun Kumar @ Chunchun Rai both are sons of Shree Boudhi Rai Resident of village - Hatimpur, P.S. - Vidyapatinagar, District - Samastipur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Abhay Shankar, Mr. Amit Kumar Mishra, Advocates For the State : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-03-2016 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case filed under Sections 448, 354, 342, 323, 506/34 of the Indian Penal Code.

It is contended on behalf of the petitioner that, as per the allegation in the first information report, both the petitioners had assaulted the informant, Kranti Kumari, however, there is allegation against petitioner no.1 that he tried to remove the cloth of the informant.

Learned counsel for the petitioners contends that vital information was suppressed in the first information

Patna High Court Cr.Misc. No.47709 of 2015 (4) dt.09-03-2016 2 / 3 report that informant and the petitioners are cousins and there was altercation between two groups of kids and on that the petitioners allegedly assaulted the informant by lathi etc. He further submits that in the further statement of Kranti Kumari, she has not stated that the petitioner no.1 tried to remove the cloth but she has stated only that he asked to remove the cloth and in the meantime, he went to bring lathi to assault her, however, she has also admitted that there was altercation between the two groups of kids of the same family.

This fact stands corroborated by further statement of the mother of the informant and other witness as well as the independent witnesses who have gone to say that the altercation took place in view of the fact that informant Kranti Kumari had abused by taking the name of the grandfather. Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Vidyapatinagar P.S. Case No.91 of 2015, the above named petitioners, Ram Kumar Rai @ Raj Kumar Rai and Chunchun Kumar @ Chunchun Rai shall be released on bail on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.47709 of 2015 (4) dt.09-03-2016 3 / 3 subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure (Dr. Ravi Ranjan, J) Sanjay-II/- U T