IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1481 of 2011
1. Jogen Rai
2. Gopi Chand Rai
3. Kuldeo Rai
4. Dinesh Rai
5. Bikash Rai
6. Kailash Rai
7. Subol Rai
8. Sukdeo Rai .... Petitioners
Versus
The State of Jharkhand ... Opposite Party
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CORAM : HONBLE MR. JUSTICE D. N. UPADHYAY
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For the Petitioners : Mr. A. K. Kashyap
For the State : A. P. P.
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2. 20.5.2011
: Heard.
There is allegation in the First Information Report that
petitioner with his associates had assaulted the informant and the
female members of the family of the informant by means of Lathi
causing injuries to them.
It is submitted that no case under Section 307 I.P.C. is
made out. The inquiry report does not support the weapon used
in the alleged assault and there was no intention to commit the
murder. Under such circumstances, the petitioner may be granted
anticipatory bail.
Considering the allegation that all the accused persons had
participated in the assault and caused injuries to 3 female
members of the family of the informant, I do not find it a fit case to
be considered under Section 438 Cr.P.C. Accordingly, the prayer
for anticipatory bail stands rejected in connection with Barhait
P.S. Case No. 11 of 2011 corresponding to G.R. Case No. 28 of
2011 pending before the Chief Judicial Magistrate, Sahibganj.
(D.N. Upadhyay, J.)
MK