Vishwanath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39161 of 2021 Arising Out of PS. Case No.-52 Year-2021 Thana- RIGA District- Sitamarhi ====================================================== 1.

Vishwanath Rai S/o Late Rambriksha Rai R/o village- Ufrauliya, PostBarah, P.S.- Riga, District- Sitamarhi. 2.

Tara Devi W/o Vishwanath Rai R/o village- Ufrauliya, Post- Barah, P.S.- Riga, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioners :

Mr. Pushpendra Kumar Singh, Advocate For the State :

Mr. Satyendra Prasad, APP For the Informant :

Smt. Divya Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-06-2022 Heard learned counsel for the petitioners, learned APP for the State as well as the learned counsel appearing on behalf of the informant.

Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 363, 366, 504 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that on 30.01.2021, daughter of the informant went to Customer Service Point for withdrawing money but she did not return back to her home. One Ram Ekbal Rai informed the informant that he saw her daughter with Sunil Kumar and Suraj Kumar going towards Sitamarhi. The informant went to the house of the petitioners to enquire about her daughter, but the petitioners abused and assaulted the informant.

Patna High Court CR. MISC. No.39161 of 2021(2) dt.21-06-2022 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that the statement of the victim was recorded under Section 164 Cr.P.C. in which she has categorically stated that she went from her house and married with Sunil Kumar. It is also submitted that out of the wedlock, one child was born.

Learned counsel for the informant fairly accepted the aforesaid facts.

Taking into consideration the facts and circumstances of the case, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Sitamarhi in connection with Riga P.S. Case No.52 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J.) Sanjay/- U T