Ashok Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53044 of 2018 Arising Out of PS.Case No. -267 Year- 2018 Thana -MANER District- PATNA ======================================================

1. Ashok Rai, S/o Rudal Rai,

2. Abhimanyu Rai S/o Rudal Rai,

3. Dharan Raj Roy, S/o Rudal Rai,

4. Sharda Rai Sons of Late Banarsi Rai,

5. Mathura Rai S/o Late Bunda Rai,

6. Jitendra Rai S/o Mathura Rai,

7. Sagina Rai S/o Late Deo Nandan Rai,

8. Sheo Kumar Rai S/o Late Nagina Rai,

9. Ram Kumar Rai S/o Late Nagina Rai, All R/o Vill.- Byapur, P.S.- Maner, District- Patna.

.... .... Petitioners

Versus

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

For the Petitioners : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 354/34 of the Indian Penal Code. The prosecution case, in brief, is that the accused persons used to tease the girls of the village with a filthy and obscene words and language.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The

Patna High Court Cr.Misc. No.53044 of 2018 (2) dt.20-09-2018 petitioners have been made accused in this case due to previous enmity. The allegation made in the FIR is denied by the petitioners The present case has been instituted against the entire family members for ulterior motive. It is a mala fide prosecution. The other similarly situated co-accused namely, Arun Kumar and Pappu Kumar have been granted anticipatory bail by this Court vide order dated 01-08-2018 passed in Cr. Misc. No. 45110 of 2018.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

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 Sushree Nutan Kumari, learned Judicial Magistrate-Ist Class, Danapur, Patna in connection with Maner P.S. Case No. 267 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T