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Patna High CourtCR. MISC./10595/2017bail granted

Ramayan Rai v. The State Of Bihar

2017-04-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10595 of 2017 Arising Out of PS.Case No. -107 Year- 2016 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ramayan Rai, Son of Saudagar Rai, Resident of Village- Barharwa Khurd, P.S.- Dumariya Ghat, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhurendra Kumar, Adv. For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-04-2017 Heard both sides.

The petitioner apprehends his arrest in Dumariya Ghat P.S. Case No. 107/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code.

There was scuffle between Bachchi Devi sister-inlaw of the informant and shakhi Devi wife of the petitioner Ramayan Rai on account of quarrel between children of two family members. The petitioner is alleged to have assaulted Bachchi Devi, Shobha Devi and Birjeshwar Rai with Farsa. It is submitted that some scuffle took place between the family members of the two sides. The injuries found on the persons of Bachchi Devi, Shobha Devi and Birjeshwar Rai are simple in nature. Other accused persons have already been

Patna High Court Cr.Misc. No.10595 of 2017 (3) dt.03-04-2017 2/2 enlarged on anticipatory bail.

On the other hand, learned counsel for the informant and the learned A.P.P. vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the police after investigation submitted charge-sheet under Section 307 of the Indian Penal Code. Injuries were found on the vital parts of Bachchi Devi and Birjeshwar Rai, but from perusal of the injury report it appears that the injuries are superficial and simple in nature. On account of quarrel between the two sides the occurrence took place.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate - I, East Champaran at Motihari in connection with Dumariya Ghat P.S. Case No. 107/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T