Raju Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56596 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- MIRGANJ District- Purnia ====================================================== 1.
RAJU RAY SON OF JIBCHHU ROY RESIDENT OF VILLAGEKHAGHA ,RUPASPUR. WARD NO.8, PS-. MIRGANJ. DISTRICTPURNIA 2.
JHABRI DEVI @ JHABO DEVI WIFE OF RAJU RAY RESIDENT OF VILLAGE- KHAGHA ,RUPASPUR. WARD NO.8, PS-. MIRGANJ. DISTRICT- PURNIA 3.
REKHA DEVI WIFE OF BHUTNATH MANDAL RESIDENT OF VILLAGE- KHAGHA ,RUPASPUR. WARD NO.8, PS-. MIRGANJ. DISTRICT- PURNIA 4.
ARTI DEVI D/o- OF RAJU RAY RESIDENT OF VILLAGE- KHAGHA ,RUPASPUR. WARD NO.8, PS-. MIRGANJ. DISTRICT- PURNIA 5.
RADHA DEVI WIFE OF MADAN RAY RESIDENT OF VILLAGEKHAGHA ,RUPASPUR. WARD NO.8, PS-. MIRGANJ. DISTRICTPURNIA 6.
LALITA DEVI WIFE OF GOPAL RAY RESIDENT OF VILLAGEKHAGHA ,RUPASPUR. WARD NO.8, PS-. MIRGANJ. DISTRICTPURNIA ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
NEELAM KUMARI DAUGHTER OF PARMANAND RAY RESIDENT OF VILLAGE- KHAGHA ,RUPASPUR. WARD NO.8, PS-. MIRGANJ. DISTRICT- PURNIA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Pandey, Adv.
For the Opposite Party/s :
Mrs.Asha Devi, APP Mrs.Punam Kumari Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners, learned counsel for the O.P. No.2 and learned APP for the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable u/s 363, 366, 34 of the IPC.
Patna High Court CR. MISC. No.56596 of 2023(2) dt.10-10-2023 2/3
3. As per the prosecution case, allegation upon the petitioner is that they along with two other co-accused took the informant with them and co-accused Basudeo Kumar Ray put vermilion on her hairline.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Specific allegation is against the co-accused Basudeo Kumar Ray, who is already in custody and petitioners are the family members of the said Basudeo Kumar Ray. There was a love affair between the informant and said Basudeo Kumar Ray. The victim has supported the prosecution case in her statement recorded u/s 164 Cr.P.C. but there is specific allegation against the co-accused Basudeo Kumar Ray. Petitioners have no criminal antecedent.
5. Learned APP for the State as well as learned counsel for the O.P. No.2 opposed the prayer for bail by submitting that the petitioners are also involved in the present case.
6. Having regard to the facts and circumstances of the
Patna High Court CR. MISC. No.56596 of 2023(2) dt.10-10-2023 3/3 case, since there is no specific allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mirganj P.S. Case No.83 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T