Allowed

Ganika Rai and Ors. v. The State Of Bihar

Patna HC23 Jan 2018CR. MISC./2730/2018

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to petitioners in a case involving offences under IPC Sections 323, 324, 325. The court allowed the bail application subject to furnishing a bond and compliance with conditions regarding appearance in court and cooperation with authorities.

What did the court decide?

Anticipatory bail allowed subject to bond of Rs.10,000 each with two sureties and conditions under Section 438 Cr.P.C.

Ganika Rai and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2730 of 2018

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Arising Out of PS.Case No. -346 Year- 2016 Thana -KESARIA District-

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EASTCHAMPARAN(MOTIHARI)

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====================================================== 1. Ganika Rai, Son of Late Jaga Rai,

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Manbharan Devi, Wife of Late Ganika Rai,

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Shanti Devi, Wife of Arun Rai,

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All resident of Village- Rajpur Tola, Ganeshpur, P.S.- Keshariya, DistrictEast Champaran.

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.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate. For the Opposite Party/s : Md. Nazir Ansari, A.P.P.

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====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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2 23-01-2018 Heard learned counsel for the petitioners and the

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State.

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The petitioners apprehend their arrest in Kesariya P.S. Case No. 346 of 2016 instituted for the offence under Sections 341, 323, 324, 325, 307, 354 and 379/34 of the Indian Penal Code.

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It has been submitted that both parties are agnates. There is land dispute between them.

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The allegation against the petitioners is that they assaulted the informant and her husband with lathi, Fatha, fists, slaps etc.

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Patna High Court Cr.Misc. No.2730 of 2018 (2) dt.23-01-2018

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The police has submitted charge sheet for the offence under Section 304A and 379 of the Indian Penal Code and cognizance has been taken under Section 307 of the Indian Penal Code.

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The injury report of the informant has been enclosed as Annexure-2 wherein the Doctor has found simple injury on the person of the informant.

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Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Kesariya P.S. Case No. 346 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, East Champaran at Motihari, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if

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Patna High Court Cr.Misc. No.2730 of 2018 (2) dt.23-01-2018

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petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

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(Sanjay Priya, J)

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S.Ali/-

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U T

Ganika Rai and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ganika Rai and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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