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Patna High CourtCR. MISC./50781/2024disposed

Ram Sagar Rai @ Ramsagar Ray v. The State Of Bihar

2024-10-07Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50781 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1 .

Ram Sagar Rai @ Ramsagar Ray Son of Late Bikau Ray Resident of VillMadhepur, P.S.- Dalsing Sarai, District- Samastipur. 2.

Rajesh Rai @ Rajesh @ Dress Rai Son of Ram Sagar Ray Resident of VillMadhepur, P.S.- Dalsing Sarai, District- Samastipur. 3 .

Umesh Rai Son of Ram Sagar RAy Resident of Vill- Madhepur, P.S.- Dalsing Sarai, District- Samastipur.

4.

Sharban Rai @ Shrawan Ray Son of Ram Sagar Ray Resident of VillMadhepur, P.S.- Dalsing Sarai, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Roy, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2024 The bail petition of petitioner No. 1 has already been dismissed as withdrawn vide order dated 10.09.2024 .

2. Heard learned counsel for the petitioner Nos. 2, 3 and 4 and the State .

3 . Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148 , 149, 341 , 323 , 324, 307, 354, 504 and 506 of the Indian Penal Code .

4. As per prosecution case , it is alleged that coaccused Pankaj Kumar made obscene photo/video of one

Patna High Court CR. MISC. No.50781 of 2024(5) dt.07-10-2024 2/3 Mahadalit lady of his village viral on social media for which he was arrested by the police . It is further alleged that these petitioners along with other co-accused persons came at the house of informant and damaged his door, abused and assaulted informant and his family members.

5 . It is submitted on behalf of the petitioners that these petitioners are innocent and have falsely been implicated in this case . Specific accusation of assault is against co-accused Umesh Rai and Ram Sagar Rai and so far as these petitioners are concerned, there is general and omnibus allegation of assault against them and no specific overt act is alleged against them. Case and counter case . Petitioners Nos, 2 to 4 claim clean antecedent.

6. Learned counsel for the State oppose the bail petition .

7. Considering the fact that allegation of assault is general and omnibus against these petitioners, clean antecedent and other circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner Nos. 2, 3 and 4 as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional

Patna High Court CR. MISC. No.50781 of 2024(5) dt.07-10-2024 3/3 Chief Judicial Magistrate 1st Dalsinsarai Samastipur in connection with Dalsingsarai P.S. Case No. 69 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T