Hirday Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50148 of 2016 Arising Out of PS.Case No. -134 Year- 2016 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ======================================================
1. Hirday Rai Son of late Jangali Rai
2. Hari Kishun Rai Son of Hirday Rai
3. Raj Kishore Rai Son of Hirday Rai
4. Surendra Rai @ Laloob Rai Son of Hirdai Rai @ Hirday Rai
5. Vinod Rai Son of Satto Rai
6. Amarjeet Rai Son of Satto Rai
7. Pankaj Rai Son of Bilat Rai
8. Mithun Rai Son of Hari Kishun Rai
9. Ashiya Devi Wife of Hirday Rai
10. Kaliya Devi Wife of Bilat Rai
11. Rani Devi Son of Bilat Rai
12. Madan Rai Son of Kesho Rai, All are resident of Village- Simartika, P.S. K. Asthan, District - Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Yadav, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 447, 448, 341, 328, 324, 307, 380, 504 and 506 of the Indian Penal Code.
The prosecution case, in brief, is that the accused persons including the petitioners came at the house of the informant and Hari Kishun Rai assaulted the informant on his head causing head injury and other accused assaulted him by fists
Patna High Court Cr.Misc. No.50148 of 2016 (2) dt.23-11-2016 2/2 and slaps. When Sanjay Rai came to save him, he was also assaulted by them.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties. Both the parties are agnates. The nature of injury is said to be simple. Hence, no offence under Section 307 I.P.C. is made out. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Biraul (Darbhanga) in connection with Kusheshwar Asthan P.S. case No.134 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T