Bhola Raut @ Bhorma Raut And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35894 of 2016 Arising Out of PS.Case No. -31 Year- 2016 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Bhola Raut @ Bhorma Raut son of Late Sohan Raut,
2. Suraj Kumar @ Surya Raut,
3. Pawan Raut Both sons of Late Krishna Raut, all resident of VillageSarottar P.S- Dumariyaghat, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-09-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,324,307,452,379,504 and 506/34 of the Indian Penal Code and section 27 of the Arms Act.
The prosecution case is that the accused persons entered into the house of the informant on 9.3.2016 when petitioner no. 1 Bhola Raut assaulted the informant with Khukhri causing injury on her head and petitioner no. 2 Suraj Raut snatched gold chian and took away jewellery,
Patna High Court Cr.Misc. No.35894 of 2016 (2) dt.06-09-2016 2/3 clothes and four thousand cash. The accused persons escaped from a Bolero jeep and threatened to kill the son of the informant.
It is submitted by the learned counsel for the petitioners that petitioner no. 1 is cousin of the informant whereas petitioner nos. 2 and 3 are brothers of the daughter in law of the informant namely Savita Devi. Savita Devi, the daughter in law of the informant lodged Dumariyaghat P.S. Case No. 112 of 2015 levelling accusation under section 498A IPC against the informant and others hence as a retaliatory measure the present case has been lodged. The injury report of the informant suggests one injury of marginal size simple in nature. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, East Champaran at Motihari in connection with
Patna High Court Cr.Misc. No.35894 of 2016 (2) dt.06-09-2016 3/3 Dumariyaghat P.S. Case No. 31 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T