Dilip Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37243 of 2022 Arising Out of PS. Case No.-343 Year-2021 Thana- KESARIA District- East Champaran ====================================================== Dilip Rai Son Of - Ramchander Rai Resident Of Village - Sundrapur Malahi Tola, P.S-Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-11-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Kesariya P.S. Case No. 343 of 2021 lodged under Sections 363, 364, 365, 34 of the I.P.C.

As per the F.I.R. allegation of kidnapping made against 5 named accused persons by informant Hiramati Devi, wife of Chote Lal Rai.

Learned counsel for the petitioner submits that the present case has been instituted with a view to save the skin of the accused of F.I.R. annexed in annexure - 2. He submits that the present Kesariya P.S. Case No. 343 of 2021 has been filed on 01.10.2021 by the informant Hiramati Devi wife of Chote Lal Rai as well as Kesariya P.S. 248 of 2021 was filed on 28.07.2021 in which the son of the informant Munna Kumar

Patna High Court CR. MISC. No.37243 of 2022(3) dt.16-11-2022 2/3 (son of Chote Lal Rai) is accused. He further submits that the informant Rima Devi is wife of late Vikas Kumar Yadav had filed this case bearing Kesariya P.S. 248 of 2021 against his brother Munna Kumar for killing her husband. Learned counsel further submits that the present F.I.R. is result of taking revenge from the informant of second F.I.R. annexed in annexure - 2. The entire story is narrated in paragraph - 7 of the filed petition. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Kesariya P.S. Case No. 343 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T

Patna High Court CR. MISC. No.37243 of 2022(3) dt.16-11-2022 3/3