Chandeshar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30870 of 2014 Arising Out of PS.Case No. -5 Year- 2012 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Chandeshar Rai, Son of Late Dhanpat Rai, Resident of village- Olipur Tarai, P.S. Runnisaidpur, District- Sitamarhi .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh, A.P.P. For the Opposite Party/s : Mr. Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Runnisaidpur P.S. Case No. 05 of 2012 registered for the offences punishable under Sections 341, 323, 324, 379, 467, 468 and 471/34 of the Indian Penal Code, seeks the privilege of prearrest bail. It is submitted that the informant's daughter was married with the son of Lal Babu Rai three and half years prior to the occurrence and when the son-in-law of the informant died after two and a half years, the in-laws' family started torturing her daughter and ousted her from the matrimonial house. When the informant's side went to make complaint, they were being

Patna High Court Cr.Misc. No.30870 of 2014 (2) dt.22-01-2015 assaulted and a mobile cost of Rs. 1000/- was snatched. It is also submitted that Lal Babu Rai lodged Minapur P.S. Case No. 162 of 2011 for killing of his son and as an interim measure the present case has been lodged, wherein no injury has been caused and in this case Lal Babu Rai has already been allowed pre-arrest bail vide Cr. Misc. No. 15664 of 2013 by order dated 09.05.2013.

In the facts and circumstances as stated above, considering the case of the petitioner at a better footing than that of Lal Babu Rai, the petitioner, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 05 of 2012, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T