Uma Shankar Ray And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39186 of 2016 Arising Out of PS.Case No. -210 Year- 2014 Thana -BIDUPUR DistrictVAISHALI (HAJIPUR) =====================================
1. Uma Shankar Ray, son of Sitab Ray
2. Lalan Ray, son of Sitab Ray
3. Anil Ray, son of Dinesh Ray All R/o Village - Mahil Baguliagachhi. P.S. - Bidupur, Distt.- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kr. Tiwary, Adv. For the Opposite Party/s : Mrs. Rita Verma, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bidupur P.S. Case No. 210 of 2014, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379 and 504 of the Indian Penal Code. From the First Information Report, it appears that after few children had picked up some quarrel over
Patna High Court Cr.Misc. No.39186 of 2016 (3) dt.22-09-2016 2/3 petty matter, the petitioners assaulted the informant and others. It is alleged against petitioner No. 1 that he assaulted the informant with the Butt of fire arm, which he was carrying. Other petitioners are said to have assaulted the informant with Lathi, Danda, fists and slaps. Learned counsel for the petitioners has submitted that no offence under Section 307 of the Indian Penal Code, is made out against these petitioners on the basis of what has been alleged in the First Information Report and the findings recorded in the injury report. In view of the submission, as above, this application is allowed. Let the petitioner Nos.
1 to 3, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 210 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.39186 of 2016 (3) dt.22-09-2016 3/3 before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/- U T