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Patna High CourtCR. MISC./19179/2016bail granted

Sikinder Rai @ Sakindra Rai v. The State Of Bihar

2016-05-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19179 of 2016 Arising Out of PS.Case No. -445 Year- 2015 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Sikinder Rai @ Sakindra Rai S/o Sri Vidyanand Rai, Resident of villageChadhua, P.S.- Kurhani, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Verma For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for anticipatory bail arises out of Kurhani (Turki O.P.) P.S. case No. 445 of 2015, disclosing offences under Sections 341,366A,120B,420,363 and 376/34 of the Indian Penal Code.

Learned counsel for the petitioner has drawn my attention to an order of this Court dated 17.03.2016 passed in Cr. Misc. No. 7552 of 20016, whereby co-accused persons Vidyanand Rai and Pramila Devi has been granted anticipatory bail by this Court. The submission made in that case on behalf of the petitioners has been reiterated and it has been submitted that prosecution case is highly improbable and palpably false as all the

accused persons belong to the same family and the petitioner is son of the said co-accused Vidyanand Rai and Pramila Devi. He has further submitted that medical report does not corroborate the prosecution version.

Considering the nature of allegation against the petitioner, this application is allowed. Let the petitioner abovenamed in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manish Pandey, learned J.M. Ist Class, Muzaffarpur in Kurhani ( Turki O.P.) P. S. Case No. 445/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U