Mohan Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.48988 of 2014 (3) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48988 of 2014 Arising Out of PS.Case No. -153 Year- 2013 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mohan Rai S/o Jamadar Rai of Vill. - Madhu Chhapra, P.S. - Kalyanpur, Dist. - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Anita Kumari Singh (App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 02-07-2015 Heard.

It is true that the petitioner bears direct allegation of committing rape on the wife of the informant, different paragraphs of the case diary which have been referred to by the learned Sessions Judge, East Champaran, Motihari in his rejection order were however read out to me and what transpired from them was that there was in fact no commission of the offence as stated by the informant rather the petitioner was trapped into a scheme when he was made to drink heavily and thereafter was beaten up by the informant and his companions in order to settling some old scores so much so that the petitioner had received fractured injuries. Let the above named petitioner be released on bail either in the event of his arrest by the police or surrender before the court

Patna High Court Cr.Misc. No.48988 of 2014 (3) dt.02-07-2015 below on execution of a bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Motihari, East Champaran in connection with Kalyanpur P.S.Case No.153 of 2013 , subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dharnidhar Jha, J) B.Kr./-Saif.

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