Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29647 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shankar Rai, son of Jadolal Rai @ Chandeshwar Pd. Yadav, resident of village- Chhotki Bhaluahia, P.S.- Shikarganj, District- East Champaran, Motihari .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 341, 323, 354, 354A, 451 and 34 of the Indian Penal Code and Sections 3 (i) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation is that petitioner wanted to outrage modesty of the informant and on raising alarm petitioner and his other family members abused informant by taking her caste name. It has been submitted on behalf of the petitioner that he is in custody since 31.3.2016. Chargesheet has been submitted against the petitioner. No allegation of tampering of witnesses is alleged against the petitioner. Petitioner has been made accused due to previous enmity. F.I.R. has been instituted after four days from the alleged date of occurrence. Delay has not been explained by the prosecution.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.29647 of 2016 (3) dt.05-09-2016 2/2 above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sikarahana at Motihari (East Champaran), in connection with Chiraya (Sikarganj) P.S. Case no. 4 of 2016. (Sudhir Singh, J) sudip/- U T