Anandi Rai @ Anandi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48650 of 2019 Arising Out of PS. Case No.-208 Year-2019 Thana- SONEPUR District- Saran ====================================================== 1.
ANANDI RAI @ ANANDI KUMAR Son of Din Dayal Ray Resident of Village- Sabalpur Chai Tola (Pachhiyari Tola), Police Station- Sonepur, District- Saran at Chapra.
2.
Amir Rai Son of Din Dayal Ray Resident of Village- Sabalpur Chai Tola (Pachhiyari Tola), Police Station- Sonepur, District- Saran at Chapra. 3.
Sunil Rai @ Sunil Kumar Son of Din Dayal Ray Resident of VillageSabalpur Chai Tola (Pachhiyari Tola), Police Station- Sonepur, DistrictSaran at Chapra. 4.
Kanti Rai Son of Din Dayal Ray Resident of Village- Sabalpur Chai Tola (Pachhiyari Tola), Police Station- Sonepur, District- Saran at Chapra. 5.
Anil Rai @ Anil Kumar Son of Din Dayal Ray Resident of Village- Sabalpur Chai Tola (Pachhiyari Tola), Police Station- Sonepur, District- Saran at Chapra.
... ... Petitioners
Versus
The State of Bihar Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shambhu Prasad Yadav For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend his arrest in connection with Sonepur P.S. Case No. 208 of 2019 for the offences under Sections 341, 323, 325, 354(B), 379, 504, 506 and 34 of the Indian Penal Code.
Learned counsel appearing for the petitioners submitted that the petitioners are innocent and have falsely been
Patna High Court CR. MISC. No.48650 of 2019(3) dt.20-11-2019 2/3 implicated in the present case. There is land dispute between the parties and on account of that these petitioners have falsely been implicated in this case moreover the occurrence took place on 25.3.2019 whereas the First Information Report instituted on 01.04.2019 after lapse of days without explaining the plausible delay. There is general and omnibus allegation against the petitioners and no specific allegation is attributed to them. Hence the petitioners may be granted the privilege of anticipatory bail.
Learned A.P.P., for the State has opposed the prayer for bail and submitted that there is direct allegation against the petitioner nos. 1, 2 and 5 who torn the blouse of informant and tried to outrage the modesty of the informant. Considering the facts and circumstances of the case, let the petitioner nos. 3 and 4 namely Sri Sunil Rai @ Sunil Kumar and Sri Kanti Rai be released on bail, in the event of arrest /surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Learned Additional Chief Judicial Magistrate 1st Saran in connection with Sonepur P.S. Case No. 208 of 2019 subject to the condition as laid down under Section
Patna High Court CR. MISC. No.48650 of 2019(3) dt.20-11-2019 3/3 438(2) of the Cr.P.C.
So far as the petitioner nos. 1, 2 and 5 namely Anandi Rai @ Anandi Kumar, Amir Rai and Anil Rail @ Anil Kumar are concerned, considering the direct allegation against them this court is not inclined to grant bail to these these petitioners. Hence the prayer for bail of these petitioners are rejected.
(Arvind Srivastava, J) siddharth/- U