Patna High CourtCR. MISC./30924/2014bail granted

Engineer Rai And ANR v. The State Of Bihar

2015-01-27Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30924 of 2014 Arising Out of PS.Case No. -39 Year- 2014 Thana -PARSAUNI District- SITAMARHI ======================================================

1. Engineer Rai Son of Gona Rai

2. Daroga Rai Son of Gona Rai All resident of village- Madanpur Sundar Gama, P.S.- Parsauni, District- Siatmarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

It is submitted that Engineer Rai, petitioner no. 1 has been arrested and as such, permission has been sought to withdraw his prayer for pre-arrest bail.

Prayer is allowed.

This Criminal Miscellaneous is dismissed as withdrawn against the petitioner no. 1, Engineer Rai. The petitioner, apprehending his arrest in connection with Parsauni P.S. Case No. 39 of 2014 registered for the offences punishable under Sections 366 and 366(A)/34 of the Indian Penal Code, seeks the privilege of pre-arrest bail.

Patna High Court Cr.Misc. No.30924 of 2014 (2) dt.27-01-2015 On behalf of the petitioner, Daroga Rai, it is submitted that the allegation of kidnapping is against Ranjit @ Bundel, son of Gona Rai and lastly, it has been alleged that in kidnapping , the petitioner and other co-accused have aided and assisted him but there is no specific allegation of committing any overt act. In the light of allegation as made in the First Information Report and finding that against the petitioner, there is no specific allegation of committing any overt act, the petitioner namely, Daroga Rai, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Parsauni P.S. Case No. 39 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C. (Jitendra Mohan Sharma, J.) Vats/- U T