Patna High CourtCR. MISC./42469/2015dismissed

Ganesh Rai And ORS. v. The State Of Bihar

2015-10-13Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42469 of 2015 Arising Out of PS.Case No. -173 Year- 2014 Thana -ARA MUFFSIL District- BHOJPUR ======================================================

1. Ganesh Rai son of Jugati Rai

2. Dharmendra Rai son of Nand Kishore Rai

3. Lallu Rai son of Rajendra Rai All residents of village- Jamira, P.S. Ara (Muffasil), DistrictBhojpur (Ara) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate : Mr. Sarveshwar Tiwary, Advocate For the Opposite Party/s : Mrs. Sangita Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Ara Mufassil P.S. Case No.173 of 2014 registered under sections 366A, 341, 342, 323, 376B and 506/34 of the Indian Penal Code. It is contended that there is inordinate delay in institution of the FIR and the allegations made therein are highly improbable. Further, prior to the institution of the FIR, one Ramendar Rai @ Ravindra Rai, a close relative of the accused persons, had instituted an FIR against the son of the informant and others. Be that as it may, regard being had to the serious nature

Patna High Court Cr.Misc. No.42469 of 2015 (2) dt.13-10-2015 2/2 of allegations made in the FIR wherein it has been alleged that the daughter of the informant was abducted and repeatedly raped by the accused persons, I am not inclined to grant pre- arrest bail to the petitioners. Accordingly, the application under section 438 of the Code of Criminal Procedure is rejected.

In case the petitioners surrender and seek bail, the same shall be considered on its own merits without being prejudiced in any manner by the order passed by this Court. (Ashwani Kumar Singh, J) Md.S./- U T