Ram Babu Rai @ Vimal @ Vimal Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55329 of 2021 Arising Out of PS. Case No.-465 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAM BABU RAI @ VIMAL @ VIMAL KUMAR RAY Son of Harihar Rai Resident of Village - Harpur- Bakhari, Mirzapur, P.S. Ahiyapur, District - Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prafull Chandra Jha For the Opposite Party/s :

Mr.Gyan Prakash Ojha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-02-2022 Heard both the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Ahiyapur P.S. Case No.465 of 2018 instituted for the offences under Sections 363/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner's son has registered a case against the informant and other members of having been brutally beaten up and F.I.R. was registered against the informant under section 341, 342, 325 and 308/34 of the Indian Penal Code. Thereafter, the present F.I.R. has been registered, after filing of a complaint. Considering the oral aspect and taking into consideration that the son of the informant brutally beaten up and the girl was recovered from Balikagrih, I am inclined to

Patna High Court CR. MISC. No.55329 of 2021(2) dt.24-02-2022 2/3 allow the anticipatory bail to the petitioner and in the event of arrest, he shall be released on bail subject to conditions laid down under section 438(2) of the Cr.P.C., which are as under:-

1. The applicant, namely, RAM BABU RAI @ VIMAL @ VIMAL KUMAR RAY shall furnish personal bond with his recent self-attested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer.

2. The applicant shall cooperate with the investigation and make himself available for interrogation whenever required.

3. The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer,

4. The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

5. The applicant shall not leave the territory of Muzaffarpur without prior permission of the court, till trial is over;

6. The applicant shall maintain law and order;

7. The applicant shall, at the time of execution of the

Patna High Court CR. MISC. No.55329 of 2021(2) dt.24-02-2022 3/3 bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;

8. The applicant shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

9. The applicant shall regularly remain present during the trial and cooperate with the Hon'ble court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) amit/- U T