Virendra Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15804 of 2018 Arising Out of PS.Case No. -157 Year- 2017 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Virendra Rai, s/o late Saryug Rai,
2. Reeta Devi, w/o Vinod Rai,
3. Vinod Rai, s/o late Sarjug Rai, All R/o Village- Munnachak, P.S.- Rajepur, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Tondon, Advocate. For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Rajepur P.S. Case No. 157 of 2017 instituted for the offence under Sections 341, 447, 323, 307, 379 and 504/34 of the Indian Penal Code. It has been submitted that the instant case has been filed as counter blast of Rajepur P.S. Case No. 44 of 2015 filed by petitioner No. 2 against the informant for the offence under Sections 376, 511, 457 and 323 of the Indian Penal Code. Petitioner No. 1 has also filed Rajepur P.S. Case No. 109 of 2014 against husband of the informant.
In the instant case it is alleged that Vinod Rai
Patna High Court Cr.Misc. No.15804 of 2018 (2) dt.02-04-2018 2/3 (petitioner No. 3) assaulted the informant with lathi and Reeta Devi (petitioner No. 2) assaulted the informant with bricks on account of which teeth of the informant was broken. Petitioner No. 2 also snatched golden chain from the neck of the informant. The injury report has been enclosed as Annexure-2 wherein the Doctor has found upper incisor teeth broken which was opined by Doctor to be grievous.
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 Rajepur P.S. Case No. 157 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, Motihari, East Champaran, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having 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
Patna High Court Cr.Misc. No.15804 of 2018 (2) dt.02-04-2018 3/3 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