Patna High CourtCR. MISC./40577/2014bail granted

Kishori Rai v. The State Of Bihar

2015-03-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40577 of 2014 Arising Out of PS.Case No. -341 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Kishori Rai Son of Ram Shrestha Rai, Resident of village- Mahmadpur Badal, P.S.- Sakra, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Das For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2.

30-03-2015.

Heard both sides.

The petitioner apprehends his arrest in a case under section 376 ad other sections off the I.P.C.

The complainant is the informant, who filed Complaint Case No.708 of 2014 on 20.3.2014 for the occurrence alleged to have taken place on 12.3.2014. The informant made allegation that the petitioner tried to outrage the modesty of his wife. It is submitted that for the occurrence of 12.3.2014, the petitioner filed Sakra P.S.Case No.102 of 2014 on 13.3.2014. The informant of the present case made an attempt to outrage the modesty of the informant's wife. The petitioner and the informant are own brothers.

It appears from perusal of the record that the occurrence took place on 12.3.2014 and on the next day, the petitioner lodged Sakra P.S.Case No.102 of 2014 against Umesh Rai, the informant and his wife. The present complaint was filed after seven day of the occurrence and the same was sent to the police

Patna High Court Cr.Misc. No.40577 of 2014 (2) dt.30-03-2015 for investigation.

Considering the facts that the petitioner and the informant are own brothers and on account of some dispute, case and counter case have been filed, the petitioner is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction in connection with Sakra P.S.Case No.341 of 2014, subject to condition laid down u/s 438(2) Cr.P.C.

(Prabhat Kumar Jha, J.) ahk/- U T