Nanhe Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27029 of 2024 Arising Out of PS. Case No.-266 Year-2022 Thana- RASULPUR District- Saran ====================================================== Nanhe Rai, Son of Late Vishwanath Ray, Resident of Village- Madhopur, P.S.- Rasulpur, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Digvijay Pratap Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Rasulpur P.S. Case No. 266 of 2022 registered for the offences punishable under Sections 363, 366 (A), 120 (B) of the Indian Penal Code.

3. As per prosecution case, the grand-daughter of the informant was enticed away by the petitioner and his wife with intention to get her married with co-accused Vishwajeet.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. There is delay of 13 days in lodging the FIR. He further submits that victim girl herself stated that she was having love affair with co-accused Vishwajeet and she had gone herself with

Patna High Court CR. MISC. No.27029 of 2024(2) dt.01-05-2024 2/2 the said accused and after marriage she is residing with him. There is no allegation levelled by the victim girl against the petitioner. Petitioner has one criminal antecedent in which he is on bail.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Rasulpur P.S. Case No. 266 of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T