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Jai Kant Rai & Ors vs The State Of Bihar on 5 July, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37951 of 2018
Arising Out of PS. Case No.-31 Year-2018 Thana- MOHIUDDIN NAGAR District-
Samastipur

1. Jai Kant Rai, S/o- Ram Nand Rai,
2. Rama Nand Rai, S/o- Late Jagdeo Rai,
3. Mala Devi, W/o- Jai Kant Rai,
4. Soni Devi, W/o- Babloo Rai,
5. Manki Devi, W/o- Rama Nand Rai, All are R/o- Vill.- Tetarpur,
P.S.- Mohiuddinnagr, District- Samastipur.

… … Petitioner/s
Versus
The State of Bihar

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr. Choudhary Shyam Nandan
For the Opposite Party/s : Mr. Sri Khurshid Anwar

CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER

2 05-07-2018 Heard learned counsels for the petitioners and State.

The petitioners are apprehending arrest in a case registered

for the offences punishable under Sections 147, 323, 324, 341,

354, 379, 447, 504 and 506 of the IPC.

The prosecution case, as per the written report of

Ramchandra Das, submitted to the Station House Officer,

Mohiuddin Nagar Police Station on 25.03.2018, is to the effect

that on 23.03.2018 at 6 PM the informant returned to his home,

in the meantime, the accused persons including the petitioners

came to the house of the informant and started abusing and on

protest being made, petitioner no.5, Manki Devi pushed the

informant and started pulling his testicles, when petitioner no. 1,
Patna High Court Cr.Misc. No.37951 of 2018(2) dt.05-07-2018
2/3

Jai Kant Rai entered into the house and tore the blouse of the

daughter-in-law of the informant with intention to outrage her

modesty but when he failed to succeed in his mission, then he

assaulted her with lathi. It is further alleged that petitioner no.2,

Rama Nand Rai assaulted the wife of the informant with farsa

causing bleeding injury, whereas petitioner no.3, Mala Devi

assaulted Phul Sundar Devi with lathi. Petitioner no.4, Soni

Kumari snatched Mangalsutra from the neck of Phul Sundar

Devi.

It is submitted by learned counsel for the petitioners that

the petitioners are the agnates of the informant and in the

background of partition dispute, the accusation has been

levelled since the informant’s side were obstructing the

petitioners to make construction. Accusation levelled under

Section 354 IPC is cosmetic in nature. The injuries caused to the

informant’s side have been found to be superficial simple in

nature.

It is further submitted that for the occurrence of

23.03.2018, the FIR was lodged on 25.03.2018. A statement has

been made in paragraph no.3 of the petition that the petitioners

are not having any criminal antecedent.

Learned APP submits that there is specific accusation of
Patna High Court Cr.Misc. No.37951 of 2018(2) dt.05-07-2018
3/3

assault against the petitioners.

Considering the genesis of occurrence, delayed lodging of

the FIR and the injuries of the informant’s being found to be

simple in nature, let the above named petitioners be released on

anticipatory bail in the event of arrest/surrender before the

learned Court below within a period of twelve weeks from

today, on furnishing bail bonds of Rs. 10,000/- (ten thousand)

each with two sureties of like amount each to the satisfaction of

learned Chief Judicial Magistrate, Samastipur in connection

with Mohiuddin Nagar P.S. Case No. 31 of 2018, subject to the

condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J)
Amrendra/-

U T

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