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Patna High CourtCR. MISC./62500/2019bail granted

Umesh Raut v. The State Of Bihar

2019-10-17Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62500 of 2019 Arising Out of PS. Case No.-191 Year-2019 Thana- PATAHI District- East Champaran ====================================================== 1.

UMESH RAUT, aged about 22 years, Male, Son of Pundev Raut, Resident of Village - Bhidharwa, P.S.- Patahi, Distt.- East Champaran 2.

Ravindra Raut, aged about 24 years, Male, Son of Pundev Raut, Resident of Village - Bhidharwa, P.S.- Patahi, Distt.- East Champaran 3.

Pundev Raut, aged about 50 years, Male, Son of Late Lakhan Raut, Resident of Village - Bhidharwa, P.S.- Patahi, Distt.- East Champaran ... Petitioners

Versus

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

For the Petitioners :

Mr. Dilip Kumar Tondon, Adv.

For the Opposite Party :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-10-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Patahi P.S. Case No. 191 of 2019 registered under Sections 323, 324, 341, 448, 379, 354B, 504 and 34 of the Indian Penal Code. The accusation is that Arun Prakash Tiwari, husband of the informant, Mala Devi, was being administered liquor, ganja and charas by the petitioners, due to that reason, in drunken state Arun Prakash Tiwari use to torture his wife, the informant, and children. While the informant was trying to convince her husband at about 09.30 p.m. on 18.06.2019, at that time, petitioners came there having lathi and danda and started to cause assault to her and also took ornaments and cash kept in box. On protest, petitioners also abused informant and her family members.

Patna High Court CR. MISC. No.62500 of 2019(2) dt.17-10-2019 2/2 Submission is that in fact informant had taken Rs.4,500/- with assurance to return the same, but, the money was not returned. When the petitioners asked to the informant to return the money, then, only to put undue pressure to grab the money, the informant lodged the present case. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Patahi P.S. Case No. 191 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, VIII, East Champaran at Motihari, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T