Chandan Ray @ Chandan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10108 of 2024 Arising Out of PS. Case No.-616 Year-2018 Thana- MOTIPUR District- Muzaffarpur ====================================================== Chandan Ray @ Chandan Rai, S/o- Rajendra Ray, R/o- Village- Khemkarna, Jagdishpur, P.S.- Sahebganj, Dist.- Muzaffarpur (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Motipur P.S. Case No. 616 of 2018, instituted for the offences punishable under Sections 363, 365, 370, 34 of the Indian Penal Code, Sections 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956.
3. The prosecution case, in short, is that, one Rekha Devi called her at her house house and gave her some sweet thing to eat. Thereafter, she became nervous. In that state of nervousness, she was made to board a train and in the process of making her board the train, the petitioner who is the brother of aforesaid Rekha Devi was present at the railway station. The victim has then alleged that she went to Delhi without her
Patna High Court CR. MISC. No.10108 of 2024(2) dt.21-02-2024 2/3 volition and there she was kept by one Chandan Rai in his rented house. Aforesaid Chandan Rai made her work in his house as a maid-servant against her will. Later, she came back home.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The informant had gone to work as a maid servant in the house of the petitioner at Delhi and for some time she was living there and discharging the work of main servant and when she was not feeling well she returned to her house. The petitioner has no any criminal antecedent as has been stated in paragraph no. 3 of the present bail application. The petitioner is languishing in judicial custody since 22.11.2023. Charge-sheet has already been submitted in the present case. Learned counsel for the petitioner further submits that similarly situated coaccused has been granted bail by the lower Court and coaccused Ashok Rai has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 10.12.2018 passed in Cr. Misc. No. 55885 of 2018.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.10108 of 2024(2) dt.21-02-2024 3/3 of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Motipur P.S. Case No. 616 of 2018.
(Rudra Prakash Mishra, J) Rajorshi/- U T