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Patna High CourtCR. MISC./29372/2022allowed

Hareshwar Rai v. The State Of Bihar

2022-11-01Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29372 of 2022 Arising Out of PS. Case No.-237 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

Hareshwar Rai Son Of Late Ram Layak Rai R/O- Vill- Chhota Telpa, P.S.- Chapra Town, Dist.- Saran At Chapra (Bihar) 2.

Deepak Kumar @ Dipak Rai Son Of Hareshwar Rai R/O- Vill- Chhota Telpa, P.S.- Chapra Town, Dist.- Saran At Chapra (Bihar) 3.

Sonu Rai Son Of Hareshwar Rai R/O- Vill- Chhota Telpa, P.S.- Chapra Town, Dist.- Saran At Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376, 467, 468, 471/34 of the Indian Penal Code.

It is alleged that co-accused Suraj Kumar Rai snapped some photographs of the informant and converted the said photographs into nude photographs through computer and thereafter on threatening to viral

Patna High Court CR. MISC. No.29372 of 2022(2) dt.01-11-2022 2/3 the said photographs, he established forceful physical relationship with the informant and continued the same by giving a threatening that he will viral the photographs and videos and when the family members of the informant made complaint to the petitioners being family members of co-accused Suraj Kumar Rai, they have threatened the informant and other family members and supported the act of co-accused Suraj Kumar Rai. The co-accused Suraj Kumar Rai has also taken the signature of the informant on plain paper.

It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case since they are family members of co-accused Suraj Kumar Rai with whom the victim was in love. Moreover, both the parties have compromised the matter and a joint compromise petition has been filed before learned Court below, a copy of which has been annexed as Annexure-2 of the petition. A statement has been made in para 3 of the petition that petitioners have no

Patna High Court CR. MISC. No.29372 of 2022(2) dt.01-11-2022 3/3 criminal antecedents.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S. Case No. 237 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T