Antu Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16657 of 2018 Arising Out of PS.Case No. -75 Year- 2016 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Antu Rai, S/o Raj Mangal Rai, Resident of Vill.- Nonaura, P.S.- Ghorasahan, Dist.- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Urmila Devi, W/o Ramlal Sah, of Vill.- Nonaura, P.S.- Ghorashan, Dist.- East Champaran.

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

For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 341,342,376,447,323,325,504 & 506 of the Indian Penal Code. It is submitted that since the father of the petitioner has lodged FIR against the family members of the informant alleging that nephew of the informant had misbehaved with the sister of the instant petitioner. Thereafter, the father of the petitioner was assaulted for which Ghorasahan P.S. Case No. 76 of 2016 has been lodged by the father of the petitioner, the present FIR has been lodged as a counter blast to the said case. The petitioner has been implicated in this case falsely alleging rape of about 12 years old daughter but the same is not supported by any medical

Patna High Court Cr.Misc. No.16657 of 2018 (3) dt.26-04-2018 2/2 evidence. Petitioner has no criminal antecedent and he is in custody since 25.12.2017.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Sikarahana at Dhaka in connection with Ghorasahan P.S. Case No. 75 of 2016 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U