Patna High CourtCR. MISC./18602/2017disposed

Prabodh Rai @ Ram Prabodh Rai And ORS v. The State Of Bihar

2017-04-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18602 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -PUPRI District- SITAMARHI ======================================================

1. Prabodh Rai @ Ram Prabodh Rai, S/o Ram Sanjeevan Rai

2. Mukesh Rai, S/o Ram Sanjeevan Rai

3. Kamlesh Rai, S/o Ram Sanjeevan Rai

4. Kiran Devi, W/o Ram Prabodh Rai, All R/o Village- Madhubani, Ward No. 7, P.S.- Pupri, District- Sitamarhi .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Dinesh Jha, Adv. For the Opposite Party : Smt. Anusuiya Jaiswal, APP 81 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-04-2017 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

Petitioners, Mukesh Rai and Kiran Devi, allegedly caused injury at the head of Sulekha Kumari. The doctor had found a laceration and another incised wound at the fore-head and scalp respectively and according to opinion of the doctor the same were grievous in nature.

The learned counsel for the petitioners submits that there is no mention of the dimension of the depth of the injury, hence, it can not be said that the injuries were grievous.

Considering the fact that the aforesaid petitioners

Patna High Court Cr.Misc. No.18602 of 2017 (2) dt.27-04-2017 2/2 had knowledge that their act might cause death, I am not inclined to grant anticipatory bail to them.

The prayer for anticipatory bail on behalf of petitioners, Mukesh Rai and Kiran Devi, is refused. There is no such allegation against the petitioners, Prabodh Rai and Kamlesh Rai, hence, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, they be released on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Pupri P.S. Case No. 19 of 2017 to the satisfaction of the Subdivisional Judicial Magistrate, Pupri, Sitamarhi, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √