Patna High CourtCR. MISC./31868/2023bail granted

Arjun Rai v. The State Of Bihar

2023-07-13Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31868 of 2023 Arising Out of PS. Case No.-780 Year-2022 Thana- MAHUA District- Vaishali ====================================================== Arjun Rai Son Of Late Innar Rai Resident Of Village- Madhopur Tariya, PsMahua, Distt- Vaishali. ... ... Petitioner/S

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rakesh Kumar Soni, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Mahua P.S. Case No. 780 of 2022 registered for the offence under Sections 498(A), 363, 365/34 of the Indian Penal Code.

4. The accused/petitioner is named in the F.I.R. and is in custody since 14.12.2022.

5. The allegation against the petitioner is to kidnap the

Patna High Court CR. MISC. No.31868 of 2023(4) dt.13-07-2023 2/3 sister of informant, where victim is none but the wife of this petitioner.

6. Learned counsel appearing on behalf of the petitioner submitted that this petitioner solemnized her marriage with one Bhuneshwar Rai of District- Vaishali and at present she is living together somewhere in Assam. It is further pointed out that the matrimonial discord is only an excuse to save real culprit. It is submitted that the petitioner himself is the victim of circumstances, where victim/wife in collusion with Bhuneshwar Rai lodged present false case as to grab the property of petitioner, having no other coparcener. While concluding the argument, it is submitted that petitioner is a man of clean antecedent, and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP, opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above and by taking note of allegation, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 14.12.2022, accordingly, petitioner above named, is directed to be released on bail in connection with Mahua P.S. Case No. 780 of 2022 on furnishing

Patna High Court CR. MISC. No.31868 of 2023(4) dt.13-07-2023 3/3 bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T