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Patna High CourtCR. MISC./22357/2015bail granted

Nand Kishore Rai v. The State Of Bihar

2015-07-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22357 of 2015 Arising Out of PS.Case No. -184 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Nand Kishore Rai S/o Late Ram Lakhan Rai Resident of Village Rasulpur Maniyari, P.S. Sakra, District Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar ... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-07-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 342, 347, 354, 34 of the Indian Penal Code.

It is alleged that when the informant went outside to ease, in the meantime, the petitioner and two others came, tied her mouth and took her dragging in the room of one Bindeshwar Rai and thereafter attempted to establish forceful physical relationship.

It is submitted by learned counsel for the petitioner that there is no medical report on record and informant has subsequently retracted from the initial version and filed a petition to that effect before learned Court below. Moreover for the occurrence of 16.04.2014 at 1:00 A.M the F.I.R was registered on 17.04.2014 at 8:45 A.M which reached

Patna High Court Cr.Misc. No.22357 of 2015 (2) dt.07-07-2015 2/2 to the Court of learned Chief Judicial Magistrate, Muzaffarpur on 19.04.2014 which reflects that F.I.R was registered by antedating.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No. 184 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T