Arun Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56679 of 2019 Arising Out of PS. Case No.-272 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Arun Roy, Aged about 26 years, Male, Son of Late Chandeshwar Roy, Resident of Village Murliyachak, P.S. Sadar Hajipur, District Vaishali. 2.

Manish Kumar, Aged about 22 years, Male, Son of Late Radhe Roy, Resident of Village Samachak, P.S. Sadar Hajipur, District Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-09-2019 Heard both sides.

The petitioners apprehend their arrest in Hajipur Sadar P.S. Case No.272 of 2019, registered under Sections 341, 323, 324, 307, 354, 427, 379, 504, 506, 447 and 34 of the Indian Penal Code. The informant alleged that some quarrel took place between the female members of the two families and for that Arun Roy along with his nephew Manish Rai @ Manish Kumar, both the petitioners having armed with different weapons came and damaged the latrine and trees standing near the house of the informant. A panchayati was held but the accused persons did not turn up. On 26.04.2019 Arun Roy and Manish Rai @ Manish Kumar, the petitioners along with 2-3 persons having armed with different weapons came and abused the informant. They also assaulted the

Patna High Court CR. MISC. No.56679 of 2019(2) dt.12-09-2019 2/2 informant and took away different articles.

Learned counsel for the petitioners submits that the occurrence took place on 26.04.2019 but the FIR was lodged on 08.05.2019. The informant did not explain anywhere the inordinate delay in lodging the FIR. It is further submitted that the petitioners and the informant are neighbours and agnates. Some scuffle took place but the petitioners never assaulted the informant and his daughter. The injuries found on the person of the daughter of the informant are superficial and simple in nature. Taking into consideration the facts aforesaid and the fact that the FIR was lodged only after 13 days of the occurrence, let petitioners, above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.272 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