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Patna High CourtCR. MISC./35252/2016bail granted

Rajiv Ray @ Rajeev Rai v. The State Of Bihar

2016-11-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35252 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Rajiv Ray @ Rajeev Rai son of Chatari Ray resident of Village - Raghunathpur, P.S.- Sahebpur Kamal, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Sahebpur Kamal P.S. Case No. 16 of 2016 registered under Sections-386, 387/34 of the Indian Penal Code. Petitioner and four others are said to have kidnapped the informant's husband and subsequently, after taking ransom amount, they released the informant's husband. However, they again started pressurizing the informant's husband to cough up more money. The written report of the informant goes to show that prior to institution of the present case, the petitioner had lodged Sahebpur Kamal P.S. Case No. 357 of 2015 against the brother and husband of the informant.

Submission on behalf of petitioner is that the

Patna High Court Cr.Misc. No.35252 of 2016 (3) dt.09-11-2016 2/2 brother and husband of the informant had purchased maize crops from the petitioner on credit and when the petitioner demanded his money, the informant's husband and brother did not pay the money and thereafter, the petitioner lodged the above-said Sahebpur Kamal P.S. Case No. 357 of 2015 and the present case was lodged by the informant in retaliation to the above-said Sahebpur Kamal P.S. Case No. 357 of 2015.

Paragraph-3 of the petition goes to show that the petitioner does not have any criminal antecedent. Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sahebpur Kamal P.S. Case No. 16 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-V, Begusarai subject to condition as laid down u/S 438(2) of the Code of Criminal Procedure Code.

(Hemant Kumar Srivastava, J) A.K.V./- U T