Patna High CourtCR. MISC./28040/2017allowed

Subodh Rai v. The State Of Bihar

2017-09-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.28040 of 2017 (3) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28040 of 2017 Arising Out of PS.Case No. -153 Year- 2014 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Subodh Rai Son of Lala Rai Resident of Village - Desari Kichani P.S. Desari, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bidupur Police Station Case No. 153 of 2014, disclosing offences under Sections 365 and 120B of the Indian Penal Code. Learned Counsel for the petitioner has submitted the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be uncle of Manoj Kumar who is said to have been accompanied by Rajesh Singh, brother-in-law of the petitioner and merely on the basis of suspicion raised by the informant, petitioner has been made accused in this case. Moreover, co-accused, Kaushalaya Devi @ Koushalalya Devi, having more or less similar

Patna High Court Cr.Misc. No.28040 of 2017 (3) dt.20-09-2017 allegation, has also been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 15238 of 2017. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Bidupur Police Station Case No. 153 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T