Rajesh Rai @ Rajesh Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50167 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Rajesh Rai @ Rajesh Roy S/o Lakhindra Ray R/o vill - Repura, P.s.- Patepur, Distt. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mritunjay Kumar For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Patepur P.S. Case no. 289 of 2023 instituted for the offence under Sections 363, 365 and 34 of the Indian Penal Code.
3. The prosecution case in brief is that the informant's grandson namely, Gautam Kumar is a teacher in Repura Middle School. On 29.11.2023 while he was teaching the students in school, all the named accused persons including the petitioner have abducted his grandson from school by bolero vehicle for the purpose of marriage with petitioner's daughter.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Marriage of petitioner's daughter was fixed earlier with informant's grandson Gautam Kumar but due to his section as a teacher in govt. school, his parents started demanding
Patna High Court CR. MISC. No.50167 of 2024(2) dt.12-07-2024 2/2 dowry. To avoid social pressure of marriage, they lodged case against the bride's family with concocted story. Similarly situated other coaccused person has already been granted bail by this Court vide order dated 21.03.2024 in Cr. Misc. No. 4302 of 2024. Petitioner has got no criminal antecedent.
5. Learned APP appearing for the State has opposed the prayer of Bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Patepur P.S. Case no. 289 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U