Nand Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30661 of 2015 Arising Out of PS.Case No. -140 Year- 2014 Thana -BENIPATTI District- MADHUBANI ======================================================

1. Nand Kishore Rai Son of Bilat Rai Resident of village - Sirwara, P.S. Benipatti, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2015 The petitioner is apprehending his arrest in connection with Benipatti P.S. Case No. 140 of 2014 for the offence under Sections 341, 323, 354B, 307, 379/34 of the Indian Penal Code.

Heard learned counsel for the petitioner and the State.

The prosecution story, in brief, is that the daughter-in-law of one Gulab Rai had fled away from her matrimonial house three days ago and she came back to her matrimonial house after three days. Due to that the accused persons including the petitioners formed an unlawful assembly and the went to the house of the informant and assaulted her by fist and slap. Co-accused Lagan Rai pulled the sari from her body and tore her blouse and made her naked.

It is submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.30661 of 2015 (2) dt.30-07-2015 petitioner has got no criminal antecedent. Petitioner is not named in the First Information Report and during course of investigation the name of the petitioner figured in the present case. In course of investigation the offence under Section 307 has been found to be false by the Investigating Officer. On behalf of the State, it has been submitted that the petitioner is named in the First Information Report and the petitioner's name has come during course of investigation. Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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, Madhubani in connection with Benipatti P.S. Case No. 140 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Sudhir Singh, J) P.K./- U T