Arvind Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69625 of 2018 Arising Out of PS. Case No.-83 Year-2018 Thana- PATORI District- Samastipur ======================================================

1. Arvind Kumar Son of Yoghi Ray.

2. Sevalal Ray @ Sewa Lal Rai @ Sebalal Ray Son of Late Banvari Ray.

3. Praduman Kumar Son of Ram Dayak Ray.

4. Shyam Dayal Ray @ Shyam Dayal Rai Son of Nevalal ray.

5. Ram Pravesh Ray @ Ram Pravesh rai Son of Nannu Ray.

6. Pankaj Kumar Son of Ram Pravesh ray.

7. Ankaj Kumar Son of Ram Pravesh Ray.

8. Dhiraj Kumar Sono f Sipahi Ray. All the Petitioners no. 1 to 8 are Resident of Village-Jori Pokhar P.S. Shahpur Patori District samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 307, 323, 341, 354A, 447 and 504 of the Indian Penal Code.

The prosecution case, in short, is that while the informant along with family members was cutting crop at the field, the accused persons came there and assaulted and illbehaved her due to which she sustained injury. It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.69625 of 2018(3) dt.05-12-2018 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. There is a case and counter case between the parties. Both the parties are agnates. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Patori P.S. Case No. 83/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T