Ranjan Rai @ Ranjan Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35873 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -MAIRWA District- SIWAN ======================================================
1. Ranjan Rai @ Ranjan Kumar Rai S/o Dilip Rai, resident of Village Titra, P.S.- Mairwa, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-09-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under sections 147,149,341,323,448,354,307,379,504 and 506 of the Indian Penal Code.
The prosecution case is that the informant, her mother and sister in law were at the house when neighbour Pankaj Rai came to the house of the informant and started playing vulgar songs on his mobile, on protest being made, Pankaj Rai abused and threatened of dire consequences. Subsequently, the accused persons including the petitioner came variously armed, caught hold of the informant and dashed him when sister in law of the informant
Patna High Court Cr.Misc. No.35873 of 2016 (2) dt.06-09-2016 2/3 came to rescue then co accused Kundan Rai, Prince Rai, Ankur Yadav, Nikku Rai, Bade Rai, Bitu Rai, Monu Rai and Amit Rai alias Munna Ji dashed her. On alarm being raised by the informant, her brother and father came when all the accused persons assaulted them with rod and hockey stick. When the sister in law of the informant came to rescue then she was also being assaulted. It is alleged that co accused Pankaj Rai snatched gold chain and ear ring of the informant's sister in law. The petitioner is alleged to have snatched ear ring of the informant. It is submitted by the learned counsel for the petitioner that the accusation is omnibus and general. There was dispute with regard to harvesting wheat crop. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. There is counter version of the occurrence also.
Considering the omnibus and general nature of accusation, it is a case for consideration of the prayer for bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Mairwa P.S. Case No. 38 of 2016 pending in the court of learned ACJM, III, Siwan.
This application is disposed of with the aforesaid
Patna High Court Cr.Misc. No.35873 of 2016 (2) dt.06-09-2016 3/3 observation/direction.
(Dinesh Kumar Singh, J) Anil/- U T