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Patna High Court - Orders

Manish Kumar Rai @ Sachu Rai & Anr. vs The State Of Bihar on 14 August, 2012

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Criminal Miscellaneous No.21650 of 2012
               ======================================================
               1. Manish Kumar Rai @ Sachu Rai
               2. Bishnu Swarup Rai @ Munmun Rai.
                                                                  .... .... Petitioner/s
                                               Versus
               The State Of Bihar
                                                             .... .... Opposite Party/s
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
               SINGH
               ORAL ORDER


03/   14-08-2012

Heard learned counsels for the petitioners, the State and the informant.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 342, 447, 384, 506, 504, 427 and 379 of the Indian Penal Code.

The accusation is of demanding Rs.5,00,000/- as extortion, giving life threatening, taking generator wire and pipe and snatching Rs.12,500/- from the pocket of the informant.

It is submitted by learned counsel for the petitioners that the petitioners are agnates of the informant when one of the common ancestor Sidh Nr. Rai died issueless, who executed gift deed in favour of the petitioners, which created some differences with the Patna High Court Cr.Misc. No.21650 of 2012 (3) dt.14-08-2012 2/2 informant for which a title suit is also pending. A statement has been made in para 10 that the petitioners have no criminal antecedent.

It is submitted by learned counsel for the informant that the accusation is very serious.

Considering the nature of the accusation and the fact that the petitioners are agnates of the informant, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 51 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J.) DKS/ .