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Patna High CourtCR. MISC./6864/2017bail granted

Ravi Ranjan Rai @ Jhotaila And ANR v. The State Of Bihar

2017-04-12Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6864 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Ravi Ranjan Rai @ Jhotaila,

2. Raja Kumar, Both are sons of Late Hari Rai, R/o Village - Sarmastpur, P.S.- Paroo, District- Muzaffarpur.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Paroo P.S. Case No. 47 of 2016, registered under Sections 147, 148, 149, 341, 323, 324, 326, 447, 307, 302, 504 and 506 of the Indian Penal Code.

The accusation is that in the evening of 23.03.2016 at about 4.00 P.M. Yogendra Rai @ Jogi Rai, husband of the informant, was in his grocery shop. In the meantime, petitioners came at the shop of her husband and demanded some goods on credit. Thereafter, husband of the informant refused to give any article and demanded previous dues from the petitioners, then petitioners started abusing to him. In the meantime, Raju Rai,

Patna High Court Cr.Misc. No.6864 of 2017 (3) dt.12-04-2017 2/3 Sanjay Rai, Arjun Rai, Akhilesh Kumar, Sambhu Rai, Vikash Kumar Singh and Akhilesh Rai @ Chhutkawa came armed with various weapons and started abusing to husband of the informant. At that time, at the order of Raviranjan Rai (Petitioner), Raju Rai caused injury through iron rod at the head of the husband of the informant, thereafter, he fell down due to sustaining injury. Thereafter, other accused persons also caused assault to the husband of the informant. When Khusbu Kumar, Mithu Kumar, Abhay Kumar and Upendra Rai, daughter, son and brother-in-law of the informant, came to rescue her husband then they were also assaulted by the accused persons. When villagers came then all the accused persons fled away.

Thereafter, husband, daughter, son and brother in law of the informant have been brought to Government hospital for treatment, where her husband has been declared dead. The daughter, son and brother in law of the informant have been referred to Muzaffarpur for better treatment, where they are being treated in a private hospital.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that that there is specific allegation against co-accused Raju Rai, who caused injury to the head of the informant and there is general and omnibus allegation against

Patna High Court Cr.Misc. No.6864 of 2017 (3) dt.12-04-2017 3/3 the petitioners and others. Further submission is that petitioners have no criminal antecedent and they are in custody since 27.09.2016.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 8th Addl. Sessions Judge, Muzaffarpur in connection with Paroo P.S. Case No. 47 of 2016. (Rajendra Kumar Mishra, J) manish/- U T