Ram Surat Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37382 of 2016 Arising Out of PS.Case No. -161 Year- 2015 Thana -KHAIRA District- SARAN ====================================================== Ram Surat Rai, Son of Chandra Bali Rai, Resident of Village- Paharpur, P.S.- Khaira, Distt.- Saran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Chandra Mohan Jha, Advocate For the Opposite Party : Smt. Gulnar Begam (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Khaira P.S. Case No. 161 of 2015 for offences alleged under Sections 341, 323, 324, 325, 307, 504,506/34 of the Indian Penal Code. The prosecution case is that petitioner and other coaccused persons came to the informant hurling abuses and assaulted him. On his cry when his mother came for rescue, the petitioner gave farsa blow causing injury on her head. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that the informant side and the petitioner and other co-accused are family members and the injury

Patna High Court Cr.Misc. No.37382 of 2016 (2) dt.16-09-2016 2/2 caused on the mother of the informant is by hard blunt substance which cannot be attributable to the petitioner. He further submits that no case under Section 307 of the I.P.C is made out against him and that the petitioner has clean antecedent as is evident from para-3 of this application.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since there was a dispute between both sides who are family members and that the petitioner has no criminal antecedent, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, 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 learned Chief Judicial Magistrate, Saran at Chapra, in connection with Khaira P.S. Case No. 161 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) ravi/- U T