Ajay Ray @ Ajay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25402 of 2017 Arising Out of PS.Case No. -153 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Ajay Ray @ Ajay Kumar, Son of Rameshwar Rai,

2. Jitendra Tiwary, Son of Vinod Tiwary, Both Resident of 2nd Floor, RBhawan, Ramashish Chowk, P.S.- Hajipur Sadar, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor representing the State of Bihar.

This application, for grant of anticipatory bail, arises out of Hajipur Sadar Police Station Case No. 153 of 2017, disclosing offences under Sections 341/323/354/504/ 506/34 of the Indian Penal Code.

The informant appears to have purchased a flat in Vastu Vihar. The petitioners are associated with the management of the said Vastu Vihar.

From the First Information Report, it seems to have been alleged that some altercation had taken place

Patna High Court Cr.Misc. No.25402 of 2017 (2) dt.07-07-2017 2/3 between the petitioners and the informant over alteration required to be made in the balcony of the said flat. The informant alleged that these petitioners misbehaved with his wife.

Learned Counsel for the petitioners has submitted that there is nothing specific against these petitioners as to how did they misbehave with the wife of the informant. It is submitted that only allegation against the petitioners is that they had raised their hands, against the wife of the informant.

Considering the facts and circumstances of the case, this application is allowed.

Let the petitioners, namely, Ajay Ray @ Ajay Kumar and Jitendra Tiwary, in the event of their arrest or surrender before the Court below within six weeks, be released 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 Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Hajipur Sadar Police Station Case No. 153 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the

Patna High Court Cr.Misc. No.25402 of 2017 (2) dt.07-07-2017 3/3 police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √