Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30279 of 2015 Arising Out of PS.Case No. -80 Year- 2004 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Rajesh Rai, S/O Tej Narayan Rai, Resident of village Jitwariya, P.S. Kalyanpur, District Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv. For the Opposite Party/s : Mr. Md. Aslam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Kalyanpur P.S. Case No. 80 of 2004 registered for the offences punishable under Sections 376 and 511 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the present case was lodged in the year 2004 on the basis of allegations made by the lady who used to go to collect wood in the village. It is submitted that though the petitioner had lodged a complaint earlier in the Panchayat regarding theft having been resorted to by the lady, in retaliation thereto she had lodged the present case and it was only after a lapse of nearly 11 years that the concerned Magistrate had been pleased to take cognizance of

Patna High Court Cr.Misc. No.30279 of 2015 (2) dt.05-08-2015 2/2 the matter.

Considering the nature of allegation and also the fact that the petitioner has no criminal antecedent, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing 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, Samastipur in connection with Kalyanpur P.S. Case No. 80 of 2004, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Anjana Mishra, J.) Vats/- U T