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Patna High CourtCR. MISC./49821/2019allowed

Ramu Rai v. The State Of Bihar

2019-08-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49821 of 2019 Arising Out of PS. Case No.-1695 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== RAMU RAI Son of Lal Bihari Ray @ Lal Bihari Rai Resident of SillageGoriya Dera, Babhanpura, Post office- Mobarakpur, Police Station- Janipur, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Naresh Rai Son of Sidhnath Rai Resident of village- Goriya Dera, Babhanpura, Post office- Mobarakpur, Police Station- Janipur, DistrictPatna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Complaint Case No. 1695 ( C ) of 2017 for the offenses under Sections 406/34 and 328/34 of the Indian Penal Code. It is alleged that opposite party No. 2 had given Rs. 2 Lakhs to the accused No. 1, wife of the petitioner but on demand she refused to return back the money and in the name of settlement of the issue the complainant was invited at the residence by the accused and then the sister-in-law of the informant served cold drinks containing intoxicant. After

Patna High Court CR. MISC. No.49821 of 2019(2) dt.08-08-2019 2/2 consuming the same the opposite party no. 2 complainant has lost his conscious. Thereafter the opposite party no. 2 has filed the complaint petition.

Learned counsel for the petitioner would submit that wife of the petitioner was granted bail by the court below. The petitioner is in custody since 22.5.2019.

Considering the fact that the petitioner and the informant are co-brother and as per the complaint the incidence took place with regard to money transaction between the parties, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Judge-VIII cum Addl. Chief Judicial Magistrate, Patna in connection with Complaint Case No. 1695 ( C ) of 2017.

(Anil Kumar Upadhyay, J) spandey/- U T