Jag Narayan Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 53874 of 2021 Arising Out of PS. Case No.-182 Year-2021 Thana- DIGHWARA District- Saran ====================================================== Jag Narayan Rai, aged about 65 years, Male Son of Balchhari Rai, Resident of Village- Kanakpur, Ahiyanpatti, P.S.- Dighwara, District- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP For the Informant :
Mr. Awadhesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. Dighwara P.S. Case No. 182 of 2021 was lodged on 04th July, 2021 registered under Sections 147, 148, 149, 341, 323, 354, 363 and 366 of the Indian Penal Code. As per the prosecution story, the informant narrated that a phone call was received on the mobile of the brother by one Nisha Kumari, who wanted her brother to take her away from home and to solemnize marriage. However, when her father came to know about it, her brother was scolded. On 3rd of July 2021, the said Nisha Kumari ran away, where after it is stated that her family members arrived at informant's house and started assaulting the informant and the
Patna High Court CR. MISC. No.53874 of 2021(2) dt.07-04-2022 2/3 entire family members. It has further been alleged that one Nitesh Rai picked her and brought her to his house where he applied vermilion on her forehead and tried to marry her. She further alleged that her clothes were also torn and finally she claims to have been rescued from there and brought to Nayagaon police station whereafter the present FIR was lodged. The counsel for the petitioner submits that omnibus allegation has been levelled against him that he along with the other family members came to the house of the informant and assaulted them.
Learned counsel for the State as well as informant also concede this point.
In the particular facts and circumstances, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, IX Saran at Chapra, in connection with Dighwara P.S. Case No. 182 of 2021, Subject to the following conditions: (i) the petitioner shall in no way induce, promise or threaten the informant or any of the witnesses related to the case in hand, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
Patna High Court CR. MISC. No.53874 of 2021(2) dt.07-04-2022 3/3 (ii) the petitioner shall co-operate in the trial. With the aforesaid observations, the bail application is allowed.
I.A. No. 01 of 2022, also stands disposed of. (Rajiv Roy, J) Anand Kr.
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