Vijay Rai @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56100 of 2019 Arising Out of PS. Case No.-369 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== Vijay Rai @ Ajay Kumar, Male, Aged about 45 years, S/o Late Nasib Rai, Resident of Village Ishopur, Murgia Tola, P.S. Phulwarisharif, District Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dineshwar Prasad Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2019 Heard both sides.

Petitioner apprehends his arrest in Phulwarisharif P.S. Case No.369 of 2019, registered under Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal Code.

The informant alleged that Aman Rai, the son of the petitioner, was working with the informant and during the course of engagement, Aman Rai committed theft of his mobile. After much persuasion the mobile of the informant was traced out but Aman Rai became angry and he used to abuse and assault the informant and his family members. On 09.04.2019 also the petitioner assaulted the informant.

Learned counsel for the petitioner submits that at the concluding paragraph of the FIR, the name of the petitioner also mentioned along with others who also assaulted the informant

Patna High Court CR. MISC. No.56100 of 2019(2) dt.09-09-2019 2/2 and his family members but the informant did not make any allegation of assault against the petitioner. It is further submitted that Aman Rai, the son of the petitioner, is said to have committed theft of mobile of the informant and for which occurrence took place.

Taking into consideration the facts and nature of allegations made against the petitioner and the fact that the petitioner is the father of Aman Rai who is said to have firstly committed theft of mobile and after recovery of mobile assaulted the informant and his family member, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., XV, Patna in connection with Phulwarisharif P.S. Case No.369 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T