Satendar Rai And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.39451 of 2017 (2) dt.19-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39451 of 2017 Arising Out of PS.Case No. -930 Year- 2015 Thana -BIHTA District- PATNA ======================================================
1. Satendar Rai
2. Sudeshwar Rai, both sons of Munarik Rai,
3. Harendar Rai, son of Ram Naresh Rai, All Resident of village-Bela, P.S.- Bihta, District-Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Smt Renu Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in connection with Bihta P.S. Case No. 930 of 2015 registered for the offence(s) punishable under Section(s) 147, 148, 149, 341, 342, 447, 307, 354, 506, 509, 379, 504 of the Indian Penal Code.
The facts in brief is that on 10.11.2015, the accused Daroga Rai, alongwith his son Ajay Kumar @ Niku put paddy in khalihan standing over the land of the informant. On protest Daroga Rai, Udit Rai and step-sons of Daroga Rai started abusing the informant and assaulted. On the same day in the evening, Daroga Rai and his wife came at the door of informant and abused his daughters. On 11.11.2015 at 5.30 A.M. 23 accused persons variously armed with weapon, entered into the house and assaulted the family members of
Patna High Court Cr.Misc. No.39451 of 2017 (2) dt.19-08-2017 the informant. Thereafter Santosh Jha and Udit Rai took the three daughters of the informant on a vehicle, snapped their photographs and threw them from the vehicle.
The submission is that similarly situated co-accused persons namely, Raghu Rai, Rampujan Rai and Chathu Rai have been granted bail by a coordinate bench of this Court vide order dated 22.10.2016 in Cr. Misc. No. 46099 of 2016.
Learned Additional Public Prosecutor opposed the submission.
Considering the facts and circumstances, as stated above, this application for anticipatory bail is allowed. Let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on 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 Additional Chief Judicial Magistrate-Danapur, District-Patna in connection with Bihta P.S. Case No. 930 of 2015, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code.
(Sanjay Kumar, J) Amit/- U T