Ram Ekbal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43608 of 2017 Arising Out of PS.Case No. -239 Year- 2017 Thana -MOTIHARI LAKHAURA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ram Ekbal Rai Son of Late Sheetal Rai, R/o Village- Naurangiya, P.S.- Lakhaura, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Muffasil (Lakhaura) Police Station Case No. 239 of 2017 registered for offences punishable under sections 376, 511, 341, 323, 354, 324 and 379 of the Indian Penal Code. It has been submitted that the petitioner and informant are neighbours. The allegation of outraging modesty and causing injury has been made only to make a criminal case against the petitioner. At the time of occurrence, two sons of this petitioner and one son of informant reached at the place of occurrence. The injury reports annexed with this application, show that the informant and her son sustained simple injury. The petitioner

Patna High Court Cr.Misc. No.43608 of 2017 (2) dt.20-09-2017 2/2 having no criminal antecedent is in judicial custody since 09.07.2017.

Considering the facts and circumstances of the case, the petitioner- Ram Ekbal Rai is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Muffasil (Lakhaura) Police Station Case No. 239 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) Mahesh/- U T