Munitar Rai @ Munder Rai @ Munter Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48784 of 2019 Arising Out of PS. Case No.-485 Year-2018 Thana- MANER District- Patna ====================================================== 1.

Munitar Rai @ Munder Rai @ Munter Rai S/o Janak Rai Resident of Village- Dost Nagar, P.S.- Maner, District- Patna. 2.

Pintu Rai @ Pintu Kumar S/o Munitar Rai @ Mundar Rai @ Munter Rai Resident of Village- Dost Nagar, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Verma For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Maner P.S. Case No. 485 of 2018, registered under Sections 341, 323, 354, 379, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioners, as per the first information report is that while informant was sleeping she realized somebody was pulling her and when she awoke she found that petitioner no.1 was pulling her away by holding her hand and further petitioner no.2 started pulling her saree and snatched her golden jewellary and other accused persons

Patna High Court CR. MISC. No.48784 of 2019(2) dt.06-08-2019 2/3 assaulted the husband of the informant.

Learned counsel for the petitioners submits that both the petitioners and informant are relative inasmuch as informant is the Bhabhi of petitioner no.1 and Aunt of petitioner no.2. Learned counsel further submits that in fact there is a dispute pertaining to a passage between the parties and the present case has been lodged due to the dispute of passage with oblique motive.

Learned counsel further submits that informant is the mother of six adult persons and three of them are married and having 7-8 grand children and it is highly improbable that her modesty shall be outraged by father and son who are related to the informant.

After having heard learned counsel for the parties and taking into consideration the fact that both the parties are relatives and there is a dispute relating to a passage between the parties, accordingly, I am inclined to grant anticipatory bail to the petitioners Let the petitioners, above named, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to

Patna High Court CR. MISC. No.48784 of 2019(2) dt.06-08-2019 3/3 the satisfaction of the learned Court of J.M.-1st Class, Danapur (Patna), in connection with Maner P.S. Case No. 485 of 2018; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Rahul/- U T