Ram Ganesh Rai @ Ganesh Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 888 of 2020 Arising Out of PS. Case No.-325 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== 1.

RAM GANESH RAI @ GANESH RAI, S/o 2.

Ramdhar Rai @ Ram Adhar Rai, Both Sons of Late Jinas Rai @ Late Jinis Rai, Resident of Village- Balha Maksudan, P.S.- Pupri, Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 354, 427, 307, 379, 34 of the Indian Penal Code. Prosecution case is that the informant filed a written report before the S.H.O., Pupri P.S. on 06.08.2019 alleging therein that on 04.08.2019 at around 6.00 pm, the accused persons, named in the FIR, including the petitioner uprooted the fencing of the informant. The informant and her husband protested, whereupon, accused Ram Snehi and the petitioner namely Ramadhar Rai lifted her and fell her down and dragged

Patna High Court CR. MISC. No. 888 of 2020(2) dt.25-02-2020 2/3 her by catching her hair locks. Accused Manoj Rai pulled her Sari and Ram Snehi Rai tore off her blouse as a result of which she became naked. Accused Sheela and Anju Devi took out her Mangalsutra from her neck. When her husband and son Ravi Kumar came to rescue, petitioner hurled Farsa blow on her husband as a result of which bleeding injury was sustained on head and left hand. Other accused persons assaulted by means of lathi. Thereafter, with the help of villagers, she took her husband to P.H.C. Pupri for treatment.

Learned counsel for the petitioners submits that the petitioners are innocent, have committed no offence, rather have falsely been implicated in this case due to dirty village politics and to create defence from Pupri P.S. Case No. 340/2019 lodged by the petitioner Ganesh Rai against the husband of the informant of the present case and others. The petitioners have got no criminal antecedent. There is no recovery from the possession of the petitioners and there is case and counter case between the parties.

In the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory

Patna High Court CR. MISC. No. 888 of 2020(2) dt.25-02-2020 3/3 bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Pupri P.S. Case No. 325 of 2019, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T