Amit @ Anish Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3468 of 2019 Arising Out of P.S. Case No.-197 Year-2018 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Amit @ Anish Kumar Rai, son of Sanjai Rai Resident of Village-Rauza Pokhra, P.S.-Chapra Town, District-Saran, at Chapra ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 22.09.2018 in connection with Rail Chapra (Rail P.P.Chapra Kachehari) P.S.Case No.197 of 2018 for the offence alleged under Sections 498 and 306/34 of the Indian Penal Code. The prosecution case as lodged by the informant is that his daughter Sukanti Devi was married with Dinesh Roy in the year 2006 but all along she was tortured by the in-laws including the petitioner who is the son of her Bhaisur for demand of a television and a motorcycle. Getting fed up, she went with her four years daughter on the railway track and committed suicide.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and

Patna High Court Cr.Misc. No.3468 of 2019(2) dt.25-01-2019 2/2 has been falsely implicated in the aforesaid case. He submits that general and omnibus allegation has been levelled and two of the co-accused persons who are Bhaisur and Gotani, have been granted the pre-arrest bail by a coordinate Bench of this Court. He further submits that chargesheet has already been submitted and there is no allegation of tampering with the prosecution witnesses.

Considering the facts and circumstances and the material on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Rail Chapra (Rail P.P. Chapra Kachheri) P.S.Case No.197 of 2018 to the satisfaction learned Railway Magistrate, Sonepur, District-Saran at Chapra, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner. (Nilu Agrawal, J) B.Kr./- U T