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Patna High CourtCR. MISC./48894/2019bail granted

Parmendu Rai @ Parmendra Rai v. The State Of Bihar

2019-08-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48894 of 2019 Arising Out of PS. Case No.-1136 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.

Parmendu Rai @ Parmendra Rai, Aged about 41 years, Male, Son of Sitaram Rai, Resident of Village Pataniya, P.S. Riga, District Sitamarhi. 2.

Dharmendra Rai @ Dharmendra Yadav, Aged about 39 years, Male, Son of Sitaram Rai, Resident of Village Pataniya, P.S. Riga, District Sitamarhi. 3.

Chandan Kumar, Aged about 21 years, Male, Son of Parmendu Rai @ Parmendra Rai, Resident of Village Pataniya, P.S. Riga, District Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kanchan Devi, Aged about 31 years, Female, Wife of Ranjan Sah, Resident of Village Pataniya, P.S. Riga, District Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-08-2019 Heard both sides.

Petitioners apprehend their arrest in Complaint Case No.1136 of 2018, registered under Sections 323, 324, 341, 354, 448 and 506 of the Indian Penal Code.

The complainant alleged that while she was all alone in her house, the petitioners having armed with different weapons came and assaulted the complainant and tried to outrage her modesty.

Learned counsel for the petitioners submits that the complainant filed the complaint case only on 24.07.2018 for the

Patna High Court CR. MISC. No.48894 of 2019(2) dt.06-08-2019 2/2 occurrence dated 12.07.2018. The complainant herself filed complaint case on 11.07.2018 for the occurrence took place on 09.07.2018 on the basis of which Riga P.S. Case No.225 of 2018 was registered on 22.07.2018. She also alleged that her modesty was outraged in the aforesaid complaint. It is further submitted that for the occurrence took place on 09.07.2018, petitioner no.1, Parmendra Rai filed Riga P.S. Case No.224 of 2018. It is submitted that on account of lending and borrowing money, some scuffle took place between the two sides and that is why the case and counter case have been lodged.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi in connection with Complaint Case No.1136 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T