Lalbabu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23589 of 2015 Arising out of PS.Case No. -12 Year- 2015 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Lalbabu Rai, son of sri Rajendra Rai, resident of village- Mallikpur, P.S.- Raghopur, District- Vaishali (Bihar).
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Vasant Vikas, Advocate. For the Opposite Party : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-08-2015 The petitioner is languishing in custody since 07.03.2015 in connection with Raghopur P.S. Case No. 12 of 2015 for the offences instituted under Sections 147, 148, 149, 448, 323, 324, 307, 504, 506, 379 of the I.P.C. and 3(1)(iii)(x)(xi) of the SC/ST (Prevention of Atrocities) Act.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that on 07.03.2015 around 12.30 A.M., the house of the informant was invaded by dacoits, of whom 30 dacoits have been identified and named in the F.I.R. including the petitioner. The dacoits armed with weapons reached the house of the informant, encircled the house and some of them entered the house and looted valuables amounting to more
Patna High Court Cr.Misc. No.23589 of 2015 (4) dt.19-08-2015 2/3 than one lakh rupees. They also tore away the documents pertaining to the Panchayat and even carried some papers with them. The dacoits also abused the female members of the family: Urmila Devi(wife), Saraswati Devi(mother) and Lalita Devi(Bhabhi), referring them as, "Harizan", "Harami" etc. Upon hearing this, the informant's maternal uncle Ramji Das protested but was hit on the head by dacoits with the Iron rod. During this melee and loot, the dacoits started hitting and mistreating the informant. The informant was forced to act as Cock (Murga Banaya); mud was poured in the mouth and chili was put in the eyes. The dacoits further threatened the informant of burning alive and dire consequences, if the matter was reported to the police.
Later on, information about the alleged incident was given on Phone No. 9931822877 belonging to Raghopur Police Station. The dacoits fled away when the police reached the spot. The injured persons were taken to Primary Health Centre for medical treatment, from where, Lalita Devi, Ramji Ram and Sarswati Devi were referred to P.M.C.H. for further treatment. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.03.2015 and the charge sheet has been submitted in the present case. It is further submitted that the petitioner has got no criminal antecedent.
Patna High Court Cr.Misc. No.23589 of 2015 (4) dt.19-08-2015 3/3 that the general and omnibus allegation has been made against the petitioner. No specific injury has been attributed against the petitioner On behalf of the State and the informant it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Raghopur P.S. Case No. 12 of 2015. U.K./- (Sudhir Singh, J) U T