Rahul Kumar @ Rahul Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57118 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- MAKER District- Saran ====================================================== 1.
RAHUL KUMAR @ RAHUL KUMAR RAY Son of Harendra Rai Resident of Village - Jagdishpur, P.S.- Maker, Dist.- Saran at Chapra. 2.
Harendra Rai Son of Munka Rai Resident of Village - Jagdishpur, P.S.- Maker, Dist.- Saran at Chapra.
3.
Sarswati Devi W/o Harendra Rai Resident of Village - Jagdishpur, P.S.- Maker, Dist.- Saran at Chapra.
4.
Jhunmuni Kumari @ Sarita Kumari D/o Harendra Rai Resident of Village - Jagdishpur, P.S.- Maker, Dist.- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Tiwary For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-09-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Maker P.S. Case N0. 42 of 2019, disclosing offences under Sections 376,323,504,379,498A/34 of the Indian Penal Code. The petitioner Nos. 2 and 3 are father-in-law and mother-in-law of the informant. Petitioner No.1 is brother of the deceased husband of the informant and petitioner No.4 is sister of the deceased husband of the informant.
It is alleged in the First Information Report that co-accused Rakesh Kumar, brother of the deceased husband of the informant under the assurance of marrying her had exploited her physically. When the family of co-accused Rakesh Kumar started negotiating of his marriage with
Patna High Court CR. MISC. No.57118 of 2019(2) dt.09-09-2019 2/2 someone else, the informant objected to, whereafter she was assaulted. Learned counsel appearing on behalf of the petitioners has submitted that allegation, if any, is against co-accused Rakesh Kumar and these petitioners have been implicated because they are related to coaccused Rakesh Kumar. He has submitted that there is no chance of the petitioners fleeing away in course of investigation and trial. Considering the above submission, this application is allowed. Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XII, Saran at Chapra in Maker P.S. Case No. 42 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) arun/- U