Ramu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42628 of 2016 ======================================================

1. Ramu Rai S/o- Late Dhiren Rai, R/o- Vishanpur, P.S.- Balia Belon, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Kadwa (Blia Belon) P. S. Case No. 106 of 2016, disclosing offences under Sections 341,323,307,427,448,379,504,506/34 of the Indian Penal Code.

There are 13 persons including the petitioner, who have been named in the First Information Report. All the accused persons belong to the same family many of whom are female members. There is vague and omnibus allegation against them of causing assault with lathi, slaps and legs. There is allegation against the petitioner of assaulting the mother of the informant with an iron rod and of taking out a sum of Rs. 20,000/-(twenty thousand) from a box in the informant's house.

Learned counsel for the petitioner has submitted that though there is allegation against the petitioner of causing hurt by an iron rod, injury on the head of the mother of the informant has been found to have been caused by sharp edged weapon. Petitioner has no criminal antecedent as stated in paragraph 3 of the application.

Considering the above submission, this application is allowed. Let the petitioner above named in the event of his arrest/surrender within four weeks from today in the court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in Kadwa (Balia Belon) P. S. Case No. 106 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-c U