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Patna High CourtCR. MISC./45167/2017allowed

Munshi Rai And ORS v. The State Of Bihar

2017-10-11Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.45167 of 2017 (2) dt.11-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45167 of 2017 Arising Out of PS.Case No. -141 Year- 2017 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Munshi Rai son of Late Suraj Rai

2. Ajay Kumar son of Munshi Rai

3. Arjun Rai son of Munshi Rai

4. Shanti Devi wife of Munshi Rai All resident of village- Bathna, P.S.- Mehsi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-10-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mehsi Police Station Case No. 141 of 2017, disclosing offences under Sections 323, 341, 447 and 34 of the Indian Penal Code and Section 3/4 of the Dian Act.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, earlier petitioner no.1 has lodged a case bearing Mehsi P.S. Case No. 142 of 2017 against the in-laws of the informant and on account of that these petitioners have been made accused in this case only to harass

Patna High Court Cr.Misc. No.45167 of 2017 (2) dt.11-10-2017 them. Statement to that effect has made in paragraph-2 of the supplementary affidavit filed by the petitioner. According to annexure-2, injuries sustained by the informant side are simple in nature. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released 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 learned Additional Chief Judicial Magistrate- VI, East Champaran, Motihari, in connection with Mehsi Police Station Case No. 141 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T