Manjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39575 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- GAIGHAT District- Muzaffarpur ====================================================== MANJAY RAI Son of Late Jiwachh Rai Resident of Village - and P.O. - Damu, P.S.- Basopatti, Dist.- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Gaighat P. S. Case No. 216 of 2018, Sessions Trial no. 633 of 2018 instituted for the offence under Section 376 of the Indian Penal Code. Learned counsel for petitioner submits that with respect to same occurrence as mentioned in the instant written report filed by the victim/informant herself, earlier the father of victim has lodged a case under Section 366 IPC against petitioner and other family members vide Basopatti P.S. case no. 143 of 2018. In the aforesaid case, victim girl has given statement U/s 164 Cr.P.C. wherein she has stated that she has performed marriage with this petitioner. Police after investigation submitted final form in the case showing mistake

Patna High Court CR. MISC. No.39575 of 2019(3) dt.26-08-2019 2/2 of fact. Later on, the instant case has been filed by the victim herself stating that this petitioner took her to Delhi on the pretext to perform marriage and did not perform marriage. He also established physical relationship with her. The informant learnt that petitioner is already married man. From the written report it appears that both the petitioner and informant are knowing each other. Petitioner is in custody since 5.7.2018.

Considering the aforesaid, let the petitioner, above named, 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 the 1st Additional Sessions Judge, Muzaffarpur in connection with Gaighat P. S. Case No. 216 of 2018, Sessions Trial no. 633 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T