Allowed

Nagendra Rai and Ors. v. The State of Bihar

Patna HC14 Dec 2020CR. MISC./28959/2020

Case brief

AI extract

What is this about?

Patna High Court granted anticipatory bail to petitioners in a criminal case involving assault and harassment, noting that parties are agnates, injury was simple, and a counter-case exists, directing release on a bond of Rs. 10,000 each with two sureties.

What did the court decide?

Petitioners released on anticipatory bail subject to furnishing bail bond of Rs. 10,000 each with two sureties of like amount.

Nagendra Rai and Ors. Vs The State of Bihar — Anticipatory Bail | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28959 of 2020

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Arising Out of PS. Case No.-02 Year-2020 Thana- BELA District- Sitamarhi

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======================================================

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NAGENDRA RAI AND ORS S/o Bujhavan Rai R/o Village-Vishnupur @ Bishnupur, P.S.-Bela, Distt.-Sitamarhi.

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Pankaj @ Pankaj Rai @ Pankaj Kumar Yadav S/o Nagendra Rai R/o Village-Vishnupur @ Bishnupur, P.S.-Bela,Distt.-Sitamarhi.

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Kamal Kumar S/o Nagendra Rai R/o Village-Vishnupur @ Bishnupur, P.S.Bela,Distt.-Sitamarhi.

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Sudhir Kumar S/o Nagendra Rai R/o Village-Vishnupur @ Bishnupur, P.S.Bela,Distt.-Sitamarhi.

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Jyoti Devi @ Jyoti Devy W/o Nagendra Rai R/o Village-Vishnupur @ Bishnupur, P.S.-Bela,Distt.-Sitamarhi.

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Babita Devi W/o Pankaj Kumar R/o Village-Vishnupur @ Bishnupur, P.S.Bela,Distt.-Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Opposite Party/s : Mr. Lalan Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 14-12-2020

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Heard Mr. Alok Kumar Alok, learned counsel for the

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petitioners and Mr. Lalan Kumar, Additional Public Prosecutor for the state through video conferencing.

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Petitioners apprehend their arrest in connection with Bela PS Case No. 02/2020 registered for the offence punishable under Sections 341, 323, 324, 504 and 506 of the Indian Penal Code.

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The allegation, as per First Information Report, is that the petitioners along with other accused persons armed with

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Patna High Court CR. MISC. No.28959 of 2020(2) dt.14-12-2020 2/3

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Lathi, Danda, Farsa etc, arrived at the house of informant and inquired about her husband and pressurized to withdraw the case filed by her husband and, upon protest, all the accused persons assaulted the informant with Lathi, Danda, Farsa, Tengari etc, due to which, she received injury on her head.

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Learned counsel for the petitioners submits that both the parties are agnates. Learned counsel further submits that there is previous enmity between the parties and there is case and counter case between the parties inasmuch Bela PS Case No. 3/2020 has also been lodged from the side of petitioner for the occurrence which has taken place at the same date and time. Learned counsel, referring to Annexure-3, submits that the injury, caused to the informant, has been found to be simple in nature.

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Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are agnates and there is case and counter case between them and the injury, received by the informant, has been found to be simple in nature, I am inclined to grant anticipatory bail to the petitioners.

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Accordingly, petitioners, named above, shall be released on anticipatory bail, in the event of arrest or surrender

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Patna High Court CR. MISC. No.28959 of 2020(2) dt.14-12-2020 3/3

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within six weeks, 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-I/C, Sitamarhi in connection with Bela PS Case No. 02/2020, subject to the conditions as laid down under Section 438(2) CrPC.

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It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

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(Anil Kumar Sinha, J)

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perwez

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U T

Nagendra Rai and Ors. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nagendra Rai and Ors. v. The State of Bihar

Case brief

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What did the court decide?

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