Nanhak Rai @ Ram Chabila Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68356 of 2022 Arising Out of PS. Case No.-93 Year-2021 Thana- MAHESI District- East Champaran ====================================================== 1.

Nanhak Rai @ Ram Chabila Rai Son of Late Yado Lal Rai Resident of Village- Motnaje, Barharwa, P.S.- Mehsi, District- East Champaran. 2.

Shatrohen Rai @ Shatrudhan Rai Son of Late Kailash Rai Resident of Village- Motnaje, Barharwa, P.S.- Mehsi, District- East Champaran. 3.

Ram Balam Rai Son of Shatrohen Rai @ Shatrudhan Rai Resident of Village- Motnaje, Barharwa, P.S.- Mehsi, District- East Champaran. 4.

Bablu Rai @ Bablu Kumar Son of Nanhak Rai @ Ram Chabila Rai Resident of Village- Motnaje, Barharwa, P.S.- Mehsi, District- East Champaran. 5.

Krishna Mohan Rai Son of Jaglal Rai Resident of Village- Motnaje, Barharwa, P.S.- Mehsi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Mehsi P.S. Case No.93 of 2021, registered for the offences punishable under Sections 341, 323, 354(B), 307, 504, 506 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that all the petitioners in furtherance of common intention assaulted the informant and her husband. There is further allegation against the accused persons that they tried to outrage the modesty of the

Patna High Court CR. MISC. No.68356 of 2022(2) dt.25-02-2023 2/3 informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners no.1 and 2 have got one criminal antecedent whereas petitioners no.3 to 5 have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. The injuries sustained by the injured persons are simple in nature. It is submitted that anticipatory bail application of the petitioners was rejected by the learned court below because all injuries were found on the vital part of the body.

The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the fact that the injuries sustained by the injured persons are simple in nature, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, East Champaran at Motihari in connection with

Patna High Court CR. MISC. No.68356 of 2022(2) dt.25-02-2023 3/3 Mehsi P.S. Case No.93 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T