Ajay Rai @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44234 of 2019 Arising Out of PS. Case No.-558 Year-2018 Thana- MADHAURAH District- Saran ====================================================== 1.

Ajay Rai @ Ajay Kumar Son of Jaypal Rai, Resident of Village - Ujari, Senduyari, P.S.- Marhaura, Distt.- Saran at Chapra 2.

Raju Rai Son of Jaipal Rai, Resident of Village - Ujari, Senduyari, P.S.- Marhaura, 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 :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-07-2019 Heard both sides.

Petitioners apprehend their arrest in Marhoura P.S. Case No.558 of 2018 registered under Sections 307, 379, 325 and other sections of the Indian Penal Code.

The informant named eight persons including the petitioners and alleged that they all came and abused the informant on account of previous land dispute. It is further alleged that the father of petitioners caught hold her hairs and dragged her outside the house. All the accused persons assaulted her with fists and slaps. Lalti Devi is alleged to have assaulted the informant with iron rod on her head and Prabhawati Devi snatched mangal sutra of the informant.

Patna High Court CR. MISC. No.44234 of 2019(2) dt.18-07-2019 2/2 Learned counsel for the petitioners submits that no specific allegation of assault is made against the petitioners. No offence under section 307 of the IPC is made out. The informant got one lacerated wound on her head which is attributed to Lalti Devi. The occurrence took place due to land dispute. Having considered the facts and the nature of allegation made against the petitioners, the above named petitioners, 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 bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Marhoura P.S. Case No.558 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T