Shyam Babu Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.998 of 2018 Arising Out of PS.Case No. -577 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================
1. Shyam Babu Rai,
2. Bisheshwar Rai,
3. Iswar Rai,
4. Ram Briksha Rai,
5. Ram Babu Rai, All sons of Ayodhi Rai, Of Village- Korbadha, P.S.- Muffasil, DistrictSamastipur. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate For the Opposite Party/s : Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-01-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Samastipur Muffasil P. S. Case No. 577 of 2017 registered under Sections 147, 149, 323, 341, 354-B, 379, 504 and 506 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioners that there is case and counter case. The occurrence took place because of the fact that the informant along with her husband and other family members were throwing dust in a
Patna High Court Cr.Misc. No.998 of 2018 (2) dt.16-01-2018 2/2 ditch, which stands in the private land of the petitioner. On protest, they assaulted the daughter-in-law of the petitioner no. 2, namely, Yashoda Devi and Shyam Babu Rai who were treated in Sadar Hospital, Samastipur. He submitted that there is no truth behind the allegation of disrobing the informant or committing theft of any property.
Learned Additional Public Prosecutor for the State opposed the prayer for grant of pre-arrest bail to the petitioners. Regard being had to the submissions made above, the petitioners named above, who are reported to be men of clean antecedent, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Samastipur in Samastipur Muffasil P. S. Case No. 577 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.
(Ashwani Kumar Singh, J.) Kanchan/- U T