Sita Ram Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16674 of 2017 Arising out of PS. Case No. -13 Year- 2017 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Sita Ram Rai Son of Late Shobhit Rai, resident of village - Rahimpur, P.S. + District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Bela Singh For the Opposite Party/s : Mr. Damodar Prasad Tiwary ===================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Vaishali P.S. Case No. 13 of 2017, registered for the offences punishable under Sections 323, 324, 307, 504, 506, 354, 341, 342, 447 and 379/34 of the Indian Penal Code.

Allegations against the petitioner and other accused is of assaulting to the informant and other injured persons. It has been submitted on behalf of the petitioner that the petitioner is aged about 82 years and insofar as the injury attributed to Sonapati Devi is concerned, it appears to be simple in nature which would appear from Annexure-4 and para 36 of the case diary and there is case and counter case in between the parties.

Heard learned A.P.P. also who could not controvert the fact and injury being simple on the person of Sonapati Devi.

Patna High Court Cr.Misc. No.16674 of 2017 (3) dt.01-05-2017 Having heard both sides and in view of the facts and circumstances as stated above, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali in connection with Vaishali P.S. Case No. 13 of 2017, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

With following conditions:

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court;

(ii) The petitioner will not induce any witness or tamper with the evidence; and (iii)The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.

S.Sb/- (Vinod Kumar Sinha, J) U T