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Patna High CourtCR. MISC./941/2021allowed

Budhan Rai @ Budhan Ray v. The State Of Bihar

2021-10-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.941 of 2021 Arising Out of PS. Case No.-44 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

Budhan Rai @ Budhan Ray Son of Late Gyani Rai Resident of Village - Katalpur, P.s.- Baikunthpur, Distt.-Gopalganj. 2.

Nagendra Rai Son of Late Gyani Rai Resident of Village - Katalpur, P.s.- Baikunthpur, Distt.-Gopalganj.

3.

Rajesh Rai Son of Late Gyani Rai Resident of Village - Katalpur, P.s.- Baikunthpur, Distt.-Gopalganj.

4.

Amarjeet Rai Son of Budhan Rai Resident of Village - Katalpur, P.s.- Baikunthpur, Distt.-Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-10-2021 Heard both sides.

Petitioners apprehend their arrest in Baikunthpur P.S. Case No.44 of 2020 registered under Sections 364, 368, 120B/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have committed no offence and have falsely been implicated in the present case. It is submitted that for the alleged offence under Section 364 and other sections of the I.P.C., the informant filed a complaint case against the petitioners, although it should have been filed before the police. The

Patna High Court CR. MISC. No.941 of 2021(2) dt.28-10-2021 2/2 petitioners have got no criminal antecedent.

Having considered the facts and the nature of allegations made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing personal bonds to the satisfaction of Judicial Magistrate, 1st Class, Gopalganj in connection with Baikunthpur P.S. Case No.44 of 2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Harish/- U T