Shivu Rai @ Shubh Narayan Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.56450 of 2017 (2) dt.06-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56450 of 2017 Arising Out of PS.Case No. -63 Year- 2014 Thana -PUPRI District- SITAMARHI ====================================================== Shivu Rai @ Shubh Narayan Rai, Son of Late Kunkun Rai, Resident of Village- Temuaha, P.S.- Pupri, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Pupri P.S. Case No. 63 of 2014, registered under Sections 341, 323, 504 and 436/34 of the Indian Penal Code. The accusation is that on the day of Holi festival six persons named in the F.I.R. including the petitioner started to abuse and caused assault to the informant through fist and slaps. Next day, on 18.03.2014, at about 12 P.M., all accused persons put fire at the attached house of nephew of the informant, in which, food grains burnt to ash.

Learned counsel for the petitioner submits that, in fact, none had seen the occurrence of putting fire at the attached house

Patna High Court Cr.Misc. No.56450 of 2017 (2) dt.06-12-2017 of nephew of the informant, but the due to scuffle took place one day earlier, informant implicated the name of six persons including the petitioner having hand in putting fire at the attached house of nephew of the informant. Moreover, the informant, Ramchanda Mukhia, has filed the compromise petition on 23.01.2017 in the court of S.D.J.M, Sitamarhi. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M, Pupri, Sitamarhi in connection with Pupri P.S. Case No. 63 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T