Rajeshwar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.43782 of 2015 (3) dt.30-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43782 of 2015 Arising Out of PS.Case No. -201 Year- 2015 Thana -DARIYAPUR District- SARAN ====================================================== Rajeshwar Rai Son of Late Durga Rai, Resident of Village - Dewati Pokhara, P.S. - Dariyapur, District - Saran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Madhaw Prasad Yadaw For the Opposite Party : Mr. Shantanu Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 23.07.2015 in a case instituted under Sections 342, 323 and 376/511 of the Indian Penal Code.

As per prosecution case, it is a case of rape upon the informant by the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.07.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner has got no criminal antecedent. Petitioner is said to be seventy years of age. From perusal of Annexure-3, it would appear that there

Patna High Court Cr.Misc. No.43782 of 2015 (3) dt.30-11-2015 is admitted land dispute between the parties, hence the prosecution has been brought against the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the age of the petitioner, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri D.K.Tiwari, Judicial Magistrate, Saran at Chapra in connection with Dariyapur P.S.Case No.201 of 2015.

(Sudhir Singh, J) B.Kr./- U T