Patna High CourtCR. MISC./29807/2017bail granted

Ram Dayal Rai v. The State Of Bihar

2018-01-16Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29807 of 2017 Arising Out of PS.Case No. -68 Year- 2014 Thana -AURAI District- MUZAFFARPUR ====================================================== Ram Dayal Rai, Son of Sitaram Rai, resident of Village Chainpur, Police Station- Aurai, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-01-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Aurai P.S.Case No. 68 of 2014 registered under Sections 452 and 376 of the Indian penal Code.

Allegation in brief is that petitioner entered into the hosue of informant in the mid night after breaking the door and raped her.

It is submitted that FIR was lodged after a week without any reasonable explanation why such delay is caused, informant is a married lady and allegation of rape is not supported by the medical report and the petitioner is in custody since 09.02.2017 and the charge has been framed.

Having considered the aforesaid facts and circumstances, the petitioner, namely, Ram Dayal Rai is directed to be released on

Patna High Court Cr.Misc. No.29807 of 2017 (3) dt.16-01-2018 2/2 bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Mr. Sunil Kumar Tripathi, J.M. Ist Class, Muzaffarpur in connection with Aurai P.S. Case No. 68 of 2014, with condition that one of the bailor must be his close family relative. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any medical emergency; his bail bond shall be liable to be cancelled.

(Arun Kumar, J) Sujit/- U T