Chandrama Rai @ Bhuteli Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12321 of 2018 Arising Out of PS.Case No. -205 Year- 2017 Thana -DORIGANJ District- SARAN ======================================================
1. Chandrama Rai @ Bhuteli Rai, S/o Damodar Rai,
2. Damodar Rai, S/o Late Ramdevi Rai,
3. Amar Rai, S/o Late Ramdevi Rai, All R/o Village- Manupur Jehangir, P.S.- Doriganj, District- Saran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Umeshnand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Doriganj P.S. Case No. 205 of 2017 instituted for the offence under Sections 147, 341, 323, 380, 504, 506, 379 and 448 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that there is land dispute between the parties and both parties are covillagers. It has further been submitted that on the same date of occurrence, informant and his family members armed with deadly weapons arrived at the door of the accused persons and brutally assaulted the accused and looted away household articles for
Patna High Court Cr.Misc. No.12321 of 2018 (3) dt.09-04-2018 2/3 which Doriganj P.S. Case No. 242 of 2017 has been filed by petitioner No. 1 who is cousin brother of Ajay Roy. In the instant case there is allegation that on the date of occurrence the petitioners entered into house of the informant and looted away articles of the informant including ornaments and cash. It is further alleged that petitioners along with other accused persons assaulted the informant and his family members with lathi and other weapons on hand, leg etc.
Case diary has been received.
Learned A.P.P. has submitted that all injuries on the person of the informant was found to be simple in nature and opinion with regard to some injuries was kept reserved. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Doriganj P.S. Case No. 205 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having
Patna High Court Cr.Misc. No.12321 of 2018 (3) dt.09-04-2018 3/3 sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T