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Patna High CourtCR. MISC./55475/2016allowed

Dharmendra Rai And ANR v. The State Of Bihar

2017-01-27Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55475 of 2016 Arising Out of PS.Case No. -147 Year- 2016 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Dharmendra Rai son of Late Jagdish Rai

2. Sahil Kumar son of Dharmendra Rai Both residents of village Kutubpur, P.S. Bhagwanpur, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bhagwanpur P.S. Case No. 147 of 2016 registered under Sections 341, 323, 307, 380, 379, 354, 436, 452 and 504/34 of the Indian Penal Code.

Submission is that due to dispute of ancestral property, the petitioners have falsely been made accused in this case, as both the parties are real brother and own family members. It is also submitted that the date of occurrence is 18.07.2016 and the F.I.R. is lodged on 02.08.2016, after 14 days from the date of occurrence. Moreover, the injuries are found simple in nature. Having considered the facts and circumstances of the

Patna High Court Cr.Misc. No.55475 of 2016 (3) dt.27-01-2017 2/2 case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-III, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 147 of 2016 subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shail/- U T