Nageshwar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21950 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
Nageshwar Rai, Son of Basudeo Rai Resident of Village-Mathiya, Bariyarpur, P.S-Piprakothi, District-East Champaran. 2.
Basudeo Rai, Son of Late Rameshwarup Rai Resident of Village-Mathiya, Bariyarpur, P.S-Piprakothi, District-East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2019 Learned counsel for the petitioners submits that the application filed on behalf of the petitioner No.1, namely, Nageshwar Rai has become infructuous, as he has already been arrested by the Police, vide order dated 11.06.2019. Heard learned counsel appearing on behalf of the petitioner No.2, namely, Basudeo Rai and the learned A.P.P. for the State.
The petitioner No.2 apprehends his arrest in connection with Pipra Kothi P.S. Case no. 24 of 2019, registered under Sections 341, 323, 354, 376 and 511 of the Indian Penal Code.
The accusation is that Nageshwar Rai took Rs.
Patna High Court CR. MISC. No.21950 of 2019(5) dt.19-07-2019 2/3 Two Lakhs from the informant Parmila Kunwar to sale the land, but he did not take any heed in spite of Panchayati. Thereafter, on 22.01.2019, informant Parmila Kunwar went at the house of Nageshwar Rai for making demand to return her money then she was abused and assaulted by Nageshwar Rai. At that time, Basudeo Rai (Petitioner No.2), father of Nageshwar Rai also started abusing her and both tried to commit rape upon the informant by tearing her blouse. On raising alarm, she was saved by the neighbours. Learned counsel for the petitioner No.2 submits that Urmila Devi, wife of petitioner No.2 has already executed the sale deed in favour of informant Parmila Kunwar on 04.09.2015, but with ulterior motive, the informant lodged the present case.
Having regard to the facts and circumstances of the case, let the petitioner No.2, namely, Basudeo Rai be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari East Champaran in connection with Piprakothi P.S. Case No. 24 of 2019, subject to the
Patna High Court CR. MISC. No.21950 of 2019(5) dt.19-07-2019 3/3 condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T