Gholat Rai & Ors vs The State Of Bihar on 6 July, 2018

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Patna High Court - Orders

Gholat Rai & Ors vs The State Of Bihar on 6 July, 2018

Bench: Vinod Kumar Sinha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.35062 of 2018
                     Arising Out of PS.Case No. -32 Year- 2018 Thana -PHULWARIA District- BEGUSARAI
                 ======================================================
                 1. Gholat Rai, Son of Sagar Rai,
                 2. Surendra Rai, Son of Sagar Rai,
                 3. Raso Rai @ Ruso, Son of Sagar Rai,
                 4. Rajeev Rai @ Rajeev Kumar, Son of Sagar Rai,
                 5. Sanjeev Rai, Son of Sagar Rai,
                 6. Dheeraj Rai @ Dheeraj Kumar, Son of Gholat Rai,
                 7. Satyendra Rai @ Satendra Kumar, Son of Gholat Rai,
                 8. Bittu Kumar, Son of Surendra Rai,
                 9. Sikku Kumar, Son of Surendra Rai,
                 10. Mithun Kumar, Son of Raso Rai @ Ruso Rai,
                 11. Neeraj Rai @ Neeraj Kumar @ Sonu Kumar, Son of Gholat Rai, All
                 residents of Village- Phulwaria-3, Vishahar Asthan, P.S.- Phulwaria,
                 District- Begusarai.

                                                                               .... ....   Petitioner/s
                                                       Versus
                 1. The State of Bihar.

                                                              .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Sandip Kumar Gautam
                 For the Opposite Party/s : Mr. Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                 ORAL ORDER

2   06-07-2018

The petitioners are apprehending their arrest in connection with Phulwaria P.S. Case No. 32 of 2018, registered for offences punishable under Sections 147, 149, 323, 504, 506, 379, 354 and 307 of the Indian Penal Code.

Allegation against the petitioners that they entered inside the house of the informant and disrobed her and also assaulted her.

It has been submitted on behalf of the petitioners that they have falsely been made accused in this case and there was Patna High Court Cr.M isc. No.35062 of 2018 (2) dt.06-07-2018 2/3 dispute between the parties with respect to passage (rasta). Further there is no injury report in the case diary and the parties have also settled the dispute.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, 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/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Phulwaria P.S. Case No. 32 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:-

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on Patna High Court Cr.M isc. No.35062 of 2018 (2) dt.06-07-2018 3/3 the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/-

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Patna High Court - Orders