← Library
Patna High CourtCR. MISC./20105/2016disposed

Rajendra Ray And ORS v. The State Of Bihar

2016-05-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20105 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -KADAMKUAN District- PATNA ======================================================

1. Rajendra Ray Son of late Tilakdhari Yadav

2. Munna Kumar Son of Rajendra Ray

3. Ranjit Kumar Son of Rajendra Ray

4. Amarjit Kumar Son of Rajendra Ray resident of Village West Lohanipur Railway hunter Road, PS Kadamkuan, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.19904 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -KADAMKUAN District- PATNA ======================================================

1. MANJEET KUMAR Son of Rajendra Ray

2. Sanjeet Kumar Son of Rajendra Ray resident of village - West Lohanipur Railway hunter Road, P.S. Kadamkua, District - Patna .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.20105 of 2016) For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. M.Haque(App) (In Cr.Misc. No.19904 of 2016) For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 452 341, 323, 379, 385/34 of the Indian Penal Code. The prosecution case is that the petitioners being neighbours of the informant used to abuse and assault the informant's side. They also used to demand Rs. 1 lac as extortion for allowing the informant to reside in the area. On 13.01.2016 the accused persons assaulted the informant,

Patna High Court Cr.Misc. No.20105 of 2016 (2) dt.06-05-2016 2/2 broke the glass of the house and took out mobile, cash of Rs. 10,000/- and snatched gold chain. It is further alleged that petitioners created nuisance in the area.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the petitioners and there is counter version of the occurrence also.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the genesis of the occurrence, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for six months on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kadamkuan P.S. Case No. 70 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail of the petitioners will be confirmed by learned Court below after getting a report from the concerned P.S. based on the statements of other neighbours of the informant.

(Dinesh Kumar Singh, J) Shageer/- U T