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Patna High CourtCR. MISC./54372/2023allowed

Rahul Kumar Ray @ Rahul Kumar v. The State Of Bihar

2023-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54372 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.

RAHUL KUMAR RAY @ RAHUL KUMAR S/O SANJAY RAY @ SANJAY KUMAR RAY R/O VILLAGE- HETTANPUR DHAMOUN, P.SPATORI, DISTT.- SAMASTIPUR. 2.

SONU KUMAR S/O SANJAY RAY @ SANJAY KUMAR RAY R/O VILLAGE- HETTANPUR DHAMOUN, P.S- PATORI, DISTT.- SAMASTIPUR.

3.

RAVINDRA KUMAR RAY @ RAVINDA KUMAR @ ANISH KUMAR S/O GANGA BISHUN RAY @ GANGA VISHUN RAY @ GANGA VISHNU RAY R/O VILLAGE- HETTANPUR DHAMOUN, P.S- PATORI, DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 379, 354, 380 and other allied Sections of the Indian Penal Code read with Section 27 of Arms Act.

3. The allegation against the petitioners is that they entered into the house of the informant in order to commit robbery assaulted the sons of the informant, and also tried to outrage the modesty of the daughter-in-law of the informant.

4. It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.54372 of 2023(2) dt.31-08-2023 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that there is no specific overt act against the petitioners and the injuries are of simple nature. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of injury, let the above named petitioners, 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, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Patori P.S. Case No.193 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T