Dablu Rai @ Dablu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 17375 of 2018 Arising Out of PS.Case No. -178 Year- 2017 Thana -KATORIA District- BANKA ====================================================== Dablu Rai @ Dablu Ray, Son of Sugdeo Rai, Resident of Village- Beloni, Police Station- Katoriya, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Praveen Kumar, Advocate For the S t a t e : Mr Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and the APP for the State.

Petitioner seeks bail in a case registered under Sections 366A/34 of Indian Penal Code.

Relying upon the statements of the victim recorded under Section 164 of Criminal Procedure Code (for brevity, Cr P C), it is submitted that the petitioner has no concern with coaccused Kailash Rai or Ashok Yadav or the motorcycle. The statement of the victim recorded under Section 164 of Cr P C clearly shows that she moved with Kailash Rai to Madhupur, Kolkata and Gujarat without raising any alarm. Considering the submissions aforesaid and the fact that the petitioner has no criminal antecedent and he is in custody

Patna High Court Cr.Misc. No.17375 of 2018 (3) dt.03-05-2018 2/2 since 06.11.2017, prayer for bail 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 Additional Chief Judicial Magistrate I, Banka in Katoriya Police Station Case No 178 of 2017 subject to the following conditions:

(1) 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.

(2) 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) M.E.H./- U T