Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3749 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- AKILPUR District- Saran ====================================================== 1.

SANJAY RAI Son of Yadunandan Ray Resident of Village - Jafarpur, P.S. Akilpur, Distt. - Saran at Chapra.

2.

PAPPU RAI Son of Yadunandan Ray Resident of Village- Jafarpur, P.S. Akilpur, Distt. - Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kumari For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 143, 341, 323, 379, 307, 354 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons came to the house of the informant and assaulted his wife due to which she sustained injuries.

It has been submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.3749 of 2021(2) dt.26-07-2021 2/3 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The nature of injury is said to be simple. Hence, no offence under Section 307 I.P.C. is made out. The alleged occurrence is said to have taken place on 13.3.2020 while the case was instituted on 23.04.2020. The delay has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Akilpur P.S. Case No. 28/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each

Patna High Court CR. MISC. No.3749 of 2021(2) dt.26-07-2021 3/3 with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T