Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51288 of 2021 Arising Out of PS. Case No.-23 Year-2019 Thana- KOTWA District- East Champaran ====================================================== ANIL RAI S/O SHIV BACHCHAN RAI R/o village- Bhopatpur Chaubey Tola, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366 & 120B/34 of the Indian Penal Code.

The accusation against the petitioner is that he in association of other co-accused is said to have kidnapped the daughter of the informant and committed rape against her. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.51288 of 2021(2) dt.05-05-2022 2/2 petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case as he is the brother of co-accused Gulten Rai against him there is direct allegation. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, there was love affair in between informant's daughter and the said Gulten Rai. It is further submitted that a good sense has now prevailed in between the parties and both the parties have compromised the matter. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kotwa P.S. Case No. 23 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.