Chandan Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10004 of 2015 Arising Out of PS.Case No. -365 Year- 2013 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Chandan Rai S/o Shankar Rai

2. Shankar Rai S/o Late Basudeo Rai Both are resident of village - Darba, P.S. Tajpur ( Halai O.P. ), District - Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Kr.Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-06-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Tajpur (Halai) P.S. Case No. 365 of 2013 registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.

According to prosecution case itself, the victim was taken away by the co-accused, Dharmendra Kumar Rai and so far as petitioner no. 1 is concerned, he happens to be younger brother whereas petitioner no. 2 happens to be father of aforesaid coaccused, Dharmendra Kumar Rai.

It is informed on behalf of the petitioners that as a matter of fact, co-accused, Dharmendra Kumar Rai solemnized his marriage with one Anita Kumari who happens to be twin sister of present victim. It is further contended by him that as a matter of fact, when co-accused, Dharmendra Kumar Rai solemnized his love marriage with sister of victim of the present case, the informant pressurized the sister of present victim to break up her married life with co-accused, Dharmendra Kumar Rai but when she refused to buckle upon the pressure of the informant of the present case, the informant set up the present victim who happens to be twin sister of Anita Kumari and got instituted the present case. It is also informed that marriage of present victim has recently been solemizend with one Rakesh Kumar, son of Lalit Rai, resident of Village-Ladua Banbira under Tajpur (Halai) Police Station, District Samastipur.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Nitin

Bhardwaj, Judicial Magistrate 1st Class, Samastipur in Tajpur (Halai) P.S. Case No. 365 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T