Harender Ray And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.16461 of 2017 (4) dt.19-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16461 of 2017 Arising Out of PS.Case No. -134 Year- 2016 Thana -JAMOBAZAR District- SIWAN ======================================================

1. Harender Ray, S/o Late Fagu Ray, R/o Village: Baldiha, P.S.- Jamo Bazar, District- Siwan.

2. Birendra Ray, S/o Sri Wakil Ray, R/o Village: Baldiha, P.S.- Jamo Bazar, District- Siwan.

3. Devendra Ray, S/o Sri Wakil Ray, R/o Village: Badiha, P.S.- Jamo Bazar, District- Siwan.

4. Manoj Ray, S/o Sri Wakil Ray, R/o Village: Baldiha, P.S.- Jamo Bazar, District- Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajeet Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Jamo Bazar P.S. Case No. 134 of 2016, registered under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code. The allegation of informant is that, on 18.11.2016, the petitioner along with Vakil Rai was engaged in cutting the ridge of the field of informant. When the husband of the informant made protest then they started to abuse and cause assault through spade. On raising alarm, informant along with his family members came there then they were also assaulted. At that time, petitioner no. 2,

Patna High Court Cr.Misc. No.16461 of 2017 (4) dt.19-07-2017 Birendra Ray, snatched her gold chain and threatened him of dire consequences.

Learned counsel for the petitioners submits that, in fact, occurrence took place due to land dispute, in which, petitioners' side also sustained injury, regarding which, Jamo Bazar P.S. Case No. 133 of 2016 is also instituted under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code on the basis of the written report of petitioner no. 2, Birejdra Ray. Moreover, the injuries found on the husband of the informant and other family members are simple in nature. Further submission is that petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Jamo Bazar P.S. Case No. 134 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T