Rajendra Prasad @ Rajendra Prasad Lohani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.570 of 2022 Arising Out of PS. Case No.-406 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

RAJENDRA PRASAD @ RAJENDRA PRASAD LOHANI S/o Late Badu Ram Resident of Wazirganj, P.S.- Wazirganj, District- Gaya. 2.

Radhika Lohani @ Rajika Lohani D/o Rajendra Lohani Resident of Wazirganj, P.S.- Wazirganj, District- Gaya.

3.

Lalita Lohani W/o Rajendra Lohani Resident of Wazirganj, P.S.- Wazirganj, District- Gaya.

4.

Kalash Lohani D/o Rajendra Lohani Resident of Wazirganj, P.S.- Wazirganj, District- Gaya.

5.

Sonal Lohani S/o Chandra Shekhar Lohani Resident of Wazirganj, P.S.- Wazirganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-10-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354(B) 308, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the petitioner no. 2, 3 and 4 are women and petitioner no.1 is aged about 55 years and petitioner no.5 is a young boy of 24 years of age. It is

Patna High Court CR. MISC. No.570 of 2022(3) dt.11-10-2022 2/3 next submitted that the informant alleges that on 06.09.2021 while he was going to get milk when he was intercepted by his brother Rajendra Prasad Lohani who demanded Rs. 5 lakh which was objected on which he assaulted the informant by an iron rod causing injury on his head, it is next alleged that when he regained consciousness he saw the other accused persons, including the petitioners, assaulting his family members including his wife and daughters who also received injuries, further they snatched golden chain and petitioner no.1 took away Rs. 8,000/- from the pocket of the informant. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that the informant and the petitioner no.

1 are own brothers and on account of property dispute the present false case came to be instituted and alleging that informant was assaulted, it is next submitted that from perusal of Para-48 of the case diary it would manifest that the injury suffered by the informant is also simple in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the

Patna High Court CR. MISC. No.570 of 2022(3) dt.11-10-2022 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Wazirganj P.S. Case No. 406 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T