Kaushal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8291 of 2016 Arising Out of PS.Case No. -582 Year- 2015 Thana -DANAPUR District- PATNA ====================================================== Kaushal Rai son of Ram Babu Rai, R/o village - Chandasi, P.S. - Gaurichak, District - Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Jha, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 365 read with Section 34 of the Indian Penal Code registered in connection with Danapur P.S. Case No. 582 of 2015.

3. It is submitted that the petitioner has been falsely implicated and the thrust of accusation is against accused Phantush alias Dilip and Prakash Sahani. In her statement under Section 164 of the Code of Criminal Procedure, the so-called victim lady has claimed herself to be the wife of said Dilip Rai with whom she had voluntarily gone. She has claimed her age as 25 years and assessed as 27 years.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.8291 of 2016 (2) dt.18-04-2016 2/2 circumstances of the case, as such, in the event of the arrest or surrender of the petitioner before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S. Case No. 582 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:- (i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/- U T