Chhotelal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38388 of 2024 Arising Out of PS. Case No.-347 Year-2023 Thana- PARIHAR District- Sitamarhi ====================================================== Chhotelal Rai Son of Late Jagdish Rai R/O Vill.- Vishanpur P.S.- Parihar, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammad Sufyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 376, 511 and 504 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that coaccused Ram Babu Rai had approached this Court seeking anticipatory bail by filing Cr. Misc. No. 37927 of 2024 and the same was allowed by an order dated 24.06.2024. It is further submitted that petitioner is in custody since 06.03.2024 and he is brother-in-law (Dewar) of the informant but then concealing the said relationship, the instant FIR came to be instituted. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that while she along with her family members were sleeping in their house

Patna High Court CR. MISC. No.38388 of 2024(3) dt.28-06-2024 2/2 when the accused persons including the petitioner entered and tried to outrage her modesty but on alarm when the people started gathering they fled away. It is also submitted that there is admitted dispute relating to property in between the brothers for which a Title (Partition) Suit No. 709 of 2022 has been instituted by Ram Babu Rai which is pending adjudication in the Court of the learned Sub-Judge, Sitamarhi. It is further submitted that in order to coerce the petitioner into submission, the instant false case of attempt to rape came to be instituted concealing the relationship.

4. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

5. Considering the facts aforesaid, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Parihar P.S. Case No. 347 of 2023.

(Satyavrat Verma, J) Kundan/- U T