Patna High CourtCR. MISC./8153/2017bail granted

Doma Rai @ Ram Bilash Rai v. The State Of Bihar

2017-03-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8153 of 2017 Arising Out of PS.Case No. -32 Year- 2010 Thana -AURAI District- MUZAFFARPUR ====================================================== Doma Rai @ Ram Bilash Rai Son of Late Bajrangi Rai, Resident of Village-Bhado Rashalpur, P.S. Aurai, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratneshwar Prasad, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Aurai P. S. Case no. 32 of 2010 instituted for the offence under Section 376 of the Indian Penal Code.

It is submitted that from the complaint petition it appears that complainant was living with this petitioner voluntarily as husband and wife and physical relationship was established with the consent of the complainant. It is further submitted that earlier petitioner was granted anticipatory bail in this case vide order dated 22.10.2013 passed in Cr. Misc. no. 42467 of 2012 but the complainant did not file compromise petition in the court below in terms of the order of this Hon'ble Court. Thereafter, petitioner is in custody since 26.10.2016.

Patna High Court Cr.Misc. No.8153 of 2017 (3) dt.29-03-2017 2/2 Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let petitioner, above named, 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 learned Chief Judicial Magistrate, Muzaffarpur, in connection with Aurai P.S. Case no. 32 of 2010, subject to the conditions that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) sudip/- U T