Ramashray Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3490 of 2019 Arising Out of PS. Case No.-193 Year-2018 Thana- NAANPUR District- Sitamarhi ====================================================== Ramashray Rai, aged about 48 years (Male), son of Late Yaduni Rai, R/o Village - Naya Tol, P.S. Nanpur, District, Sitamarhi ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha For the Opposite Party/s :
Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Nanpur P.S. Case No. 193 of 2018 registered for the offence punishable under Sections 341, 366A, 342, 323, 379, 504, 506/34 of the Indian Penal Code. Informant has alleged that on 25.06.2018 at 2 a.m., her daughter was returning home after attending marriage ceremony but in the way F.I.R. named accused persons kidnapped her and kept in the house of one Sunaina Devi. The informant went to the house of the said Sunaina Devi to inquire about her daughter then Sunaina Devi, Laxmi Rai and Ram Ashray Rai assaulted her with danda on her head due to which she sustained head injury and became unconscious. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. The
Patna High Court CR. MISC. No.3490 of 2019(4) dt.27-02-2019 2/3 victim girl has been recovered and name of the petitioner does not find place in the statement of victim recorded under Section 164 Cr.P.C. Petitioner has no criminal antecedent and he is in custody since 26.11.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 193 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that
Patna High Court CR. MISC. No.3490 of 2019(4) dt.27-02-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T