Jai Prakash Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.34604 of 2018 (2) dt.02-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34604 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -MANER District- PATNA ======================================================

1. Jai Prakash Rai, S/o Late Ramjee Rai, R/o Vill.- Haldi Chapra Purana Tola, P.S.- Maner, Dist.- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2018 Heard both sides.

The petitioner apprehends his arrest in Maner P.S. Case No.97 of 2018 registered under Sections 147, 148, 149, 341, 323, 325, 307, 504, 506 and 379 of the Indian Penal Code. The informant named the petitioner along with other accused persons and alleged that while he was talking with his mother on darwaza, the petitioner and others came. On the order of Jai Prakash Rai, the petitioner, Dhiru Kumar assaulted Nirmala Devi with farsa on her head and her mother fell down on the ground. When the informant went to save her mother, Rakesh Rai assaulted him with sword on his head. The accused persons snatched different articles from the possession of the informant and others.

Patna High Court Cr.Misc. No.34604 of 2018 (2) dt.02-07-2018 The learned counsel for the petitioner submits that there is a case and counter case. Maner P.S. Case No.147 of 2018 is lodged from the side of the petitioner. The petitioner is simply an order giver. There is no allegation of assault against the petitioner.

Taking into consideration the fact that the petitioner is not the assailant of the informant or his mother, the petitioner, above named, in the event of his arrest or surrender before the learned 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 Sri Sandeep Kumar, learned Judicial Magistrate 1st Class, Danapur(Patna) in connection with Maner P.S. Case No.97 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T