Dina Nath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24931 of 2019 Arising Out of PS. Case No.-513 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Dina Nath Ray, Son of Late Bijendra Ray, Resident of Village - Naya Tola, Bariyarpur, P.S.- Bakhtiyarpur, distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-05-2019 Petitioner seeks regular bail in connection with Bakhtiyarpur P.S. Case No.513 of 2018 registered for the offences punishable under Sections 323, 341, 307, 385, 365, 427, 354/34 of IPC and Section 12 of POCSO Act. Prosecution story is that the co-accused Bhajan Yadav and Goddu Kumar Yadav demanded the Rangdari from the driver of the informant and on protest the several accused persons entered inside the house of the informant and broke open the door and assaulted the daughter of the informant and also damaged her Scorpio and Car by iron rod and they fled away from the spot.

There is also allegation against the petitioner and other accused persons that they have abducted the driver of the informant.

Patna High Court CR. MISC. No.24931 of 2019(3) dt.22-05-2019 2/3 Submission of the learned counsel for the petitioner is that so far as this petitioner is concerned, no specific allegation against this petitioner. All the allegations levelled by the informant are against the other accused persons. However, the statement of the driver of the informant was recorded under Section 164 of Cr.P.C. in which, he has stated that petitioner and his brother was not involved in this case. Further submission is that charge sheet has already been submitted as such there is no chance of tampering with the evidence.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Sessions JudgeI-cum-Special Judge, POCSO, Patna, in connection with Bakhtiyarpur P.S. Case No.513 of 2018, subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) sunil/- U T

Patna High Court CR. MISC. No.24931 of 2019(3) dt.22-05-2019 3/3