Raghu Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46099 of 2016 Arising Out of PS.Case No. -930 Year- 2015 Thana -BIHTA District- PATNA ======================================================
1. Raghu Rai
2. Rampujan Rai
3. Chathu Rai All S/o Chanarik Rai, R/o- Bela, Police Station- Bihta, District- Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-10-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 447, 307, 354, 506, 509, 379, 504 of the Indian Penal Code.
The prosecution case is that as per the written report of Brij Bihari Rai @ Dharmendra Prasad is to the effect that on 10.11.2015 the accused Daroga Rai, along with his son Ajay Kumar @ Niku were making khalihan on the land of the informant. On protest being made, Daroga Rai, Udit Rai and both steps son of Daroga Rai started
Patna High Court Cr.Misc. No.46099 of 2016 (2) dt.22-10-2016 abusing the informant and made assault. Same day in the evening, Daroga Rai and his wife came to the door of the informant and abused the daughters of the informant. On 11.11.2015 at 5.30 A.M. 23 accused persons came variously armed, entered into the house and assaulted the family members of the informant, thereafter Santosh Jha and Udit Rai took the three daughters of the informant on a vehicle, took their photographs and after at some distance threw them from the vehicle.
It is submitted by the learned counsel for the petitioners that in the background of land dispute accusation has been levelled. None from the informant's side have received any injury. Statement to that effect has been made in para-11 of the petitioner. There is counter version of the occurrence and petitioners' side have also received injuries.
Considering the genesis of the occurrence, accusation being omnibus and general against the petitioners and statement has been made in para-3 of the petition that petitioners have no criminal antecedent, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court Cr.Misc. No.46099 of 2016 (2) dt.22-10-2016 Judicial Magistrate, Danapur in connection with Bihta P.S. Case No. 930 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) P.K./- U T