Biteshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50204 of 2019 Arising Out of PS. Case No.-390 Year-2019 Thana- DANAPUR District- Patna ====================================================== BITESHWAR RAI Son of Late Premdhar Rai Resident of Mohalla- Saguna More Kharanja Road Tarachak, P.S.- Danapur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Danapur P.S. Case No. 390 of 2019, instituted for the offence under Section(s) 341, 323, 325 and 307 of the Indian Penal Code.

It is alleged in the written report that elder brother of the informant namely, Biteshwar Rai (petitioner) assaulted the informant by penetrating cane into his anus and tried to outrage the modesty of wife of the informant.

The injury report has been enclosed as Annexure-3 series which does not support the allegation as mentioned in the written report. From the injury report it appears that Doctor has merely advised for medicine to the patient.

Patna High Court CR. MISC. No.50204 of 2019(2) dt.17-08-2019 2/2 Counsel for the petitioner submits that petitioner and informant are own brother. The instant case has been filed on account of land dispute between the parties.

Petitioner is in custody since 20.5.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, 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 learned Additional Chief Judicial Magistrate-1st, Danapur, in connection with Danapur P.S. Case No. 390 of 2019, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T