Ranjit Rai @ Kanhai Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21732 of 2021 Arising Out of PS. Case No.-435 Year-2019 Thana- MAHNAR District- Vaishali ====================================================== RANJIT RAI @ KANHAI RAI Son of Garvadev Rai Resident of Village - Lawapur Narayan , P.S. - Mahnar, District - Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Soni, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 364 and 34 of the Indian Penal Code.

As per the prosecution case, the sister of the informant who was married to the petitioner disappeared. The informant states that he suspects that the accused persons including the petitioner herein have a hand in disappearance and that she may be killed.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted because of pending matrimonial dispute between the parties. It is further submitted that after sometime the sister of

Patna High Court CR. MISC. No.21732 of 2021(3) dt.22-10-2021 2/2 the informant returned and her statement was recorded under section 164 Cr.P.C. which is Annexure-3 to the petition. As per the contents of the said statement, the alleged victim states that the persons who had kidnapped her told her that they had acted on the direction of this petitioner. It is submitted that the allegations are absolutely false and concocted and there is no material against the petitioner except the statement of an accused narrated to the victim. The petitioner is in custody since 13.12.2020 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the material on record and the period in custody, the Court directs the petitioner to be enlarged on bail in connection with Mahnar P.S. Case no.435 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Partha Sarthy, J) Saurabh/- U T