Ram Bhagat Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45058 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Ram Bhagat Rai, Son of Brij Narain Rai, Resident of Village- Korbadha, P.S.- Muffasil, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar, Advocate Ms. Kumari Vandana, Advocate For the Opposite Party : Mr. Shantanu Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Samastipur Muffasil P.S. Case No. 115 of 2016 instituted for the offence under Sections 447, 341, 326, 379, 109, 504, 506/34 of Indian Penal Code and later on Section 302 of Indian Penal Code was added.

It is alleged that the petitioner was on duty at Railway Gumti No.50 and at the time of alleged occurrence, he came and ordered his family members to assault Jai Jai Ram Rai, deceased and he went away. Thereafter, the son of this petitioner Bablu Kumar put boiling water on the body of Jai Jai Ram Rai and

Patna High Court Cr.Misc. No.45058 of 2016 (3) dt.04-02-2017 2/2 daughter of this petitioner Rinki Kumari threw hot Tawa on the body of husband of informant. He was brought to Sadar Hospital for treatment.

During hearing of the bail petition, learned A.P.P. after looking into the case diary has submitted that in the post mortem report, the doctor has mentioned cause of death to be burn and its complications.

In this manner, from the written report itself, it appears that no any injury has been caused by this petitioner. In the circumstances, prayer of the petitioner for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Samastipur Muffasil P.S. Case No. 115 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Samastipur, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T