Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26023 of 2017 Arising Out of PS. Case No.-257 Year-2015 Thana- DESARI District- Vaishali ====================================================== SANJAY RAI S/o Late Yogendra Rai, resident of Village- Chandpura, P.O.- Chandpura Nanhkar, P.S.- Desari Chandpura (O.P.), District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Sinha For the Opposite Party/s :

Mr. SRI DASHRATH MEHTA ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-10-2017 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,448,323,324,354,504 and 379/34 of the IPC. The prosecution case as per written report of Manju Devi is to the effect that on 25.9.2015 at 8 A.M. her brotherin-law (Debar), the petitioner, entered into the house, caught hold of the informant and tried to outrage the modesty. On protest being made, he pushed the informant on the ground and caused injury on her cheek and hand by teeth bite and assaulted her. On alarm being raised, the husband of the informant came, upon which the petitioner escaped from the scene. It is also alleged that earlier also

Patna High Court Cr.Misc. No.26023 of 2017(3) dt.18-10-2017 2/3 the petitioner committed the offence but she had not protested them. It is alleged that on alarm being raised the co accused (wife of Sanjay Rai) came and snatched anklet and other jewellery and assaulted with brick and stone. It is submitted by learned counsel for the petitioner that in the background of family dispute, the accusation has been levelled. No grievous injury has been caused to the informant and co accused Ruchi Devi has already been granted bail. It is further submitted that for the occurrence of 25.9.2015 the FIR was lodged on 28.9.2015. Statement has been made in paragraph 3 of the petition that the petitioner is accused in one other case apart from the present case.

It is submitted by learned APP that out of five injuries, three have been found to be simple and opinion about two injuries has been kept reserved.

Considering the fact that the accusation has been levelled in the background of family dispute, delayed lodging of FIR and injuries have been found simple in nature, let the petitioner above named be released on bail in the event of arrest or surrender within six weeks from today

Patna High Court Cr.Misc. No.26023 of 2017(3) dt.18-10-2017 3/3 on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Vaishali at Hajipur in connection with Desari P.S. Case No. 257 of 2015 subject to the conditions laid down in section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U