Jateshwar Rai @ Jiteshwar Rai @ Tonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49245 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- DURAULI District- Siwan ====================================================== JATESHWAR RAI @ JITESHWAR RAI @ TONU, Son of Late Babban Rai Resident of Village- Amarpur, P.S.- Darauli, District- Siwan ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Darauli P.S. Case No. 73 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.
Prosecution story as per complaint petition, on the basis of which FIR has been registered, is that husband of the complainant and his family members entered into the room of the complainant, assaulted her and tried to kill her. There is also allegation of hitting a Dab blow on her head, however on the intervention of her brother and others she was saved. Further case is that father-in-law of the complainant has earlier executed a sale deed in favour of the complainant for which she had filed a probate case in the court of District Judge and she was pressurised to withdraw the probate case.
Patna High Court CR. MISC. No.49245 of 2019(2) dt.07-08-2019 2/2 Submission of learned counsel for the petitioner is that he has falsely been implicated because he is husband of the complainant and the story of assault is false and concocted. Heard learned APP also.
In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Siwan, in connection with Darauli P.S. Case No. 73 of 2019, arising out of Complaint Case No. 516 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that petitioner will not threat the complainant and create pressure upon her to withdraw the probate case. (Vinod Kumar Sinha, J) spal/- U T