Harsh Rai @ Guddu And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.10867 of 2016 (2) dt.18-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10867 of 2016 Arising Out of PS.Case No. -475 Year- 2015 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================
1. Harsh Rai @ Guddu
2. Munna Rai
3. Laxman Rai All are son of Vasudev Rai, resident of village- Amer, P.S.- Bidupur in the district of Vaishali
4. Vijendra Kumar Singh @ Vivendra Kumar Singh, son of Parmeshwar Singh resident of village- Khaspur, P.S.- Didarganj, in the district of Patna. At present resident of village- Mayaram Pethiya, P.S.- Bidupur in the district of Vaishali .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sushant Kumar, Advocate For the Opposite Party : Mr. S.M.Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Bidupur P.S. Case No. 475 of 2015 for the offences instituted under Sections 341, 342, 323, 379, 354 and 504 of the Indian Penal Code.
On 27.09.2015 at 4.30 A.M. all the accused persons entered into the house of the informant from the back door and tried to outrage her modesty, which was protested by her. The informant anyhow got free from the petitioner no.4. Thereafter all the accused persons abused the informant by indicating caste and
Patna High Court Cr.Misc. No.10867 of 2016 (2) dt.18-04-2016 petitioner no.2 snatched silver chain of worth Rs.5,000/- of the informant.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The alleged occurrence is said to have taken place on 27.09.2015 and the complaint was filed on 30.09.2015. Delay has not been explained by the prosecution. The present case has been instituted in retaliation to Annexure-2 which was instituted by the petitioner no.4 against the husband of the complainant and brother in law. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Bidupur P.S. Case No. 475 of 2015 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 CJM, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Brajesh Kr./- U T