Patna High CourtCR. MISC./59389/2019bail granted

Dinanath Choudhary v. The State Of Bihar

2019-09-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59389 of 2019 Arising Out of PS. Case No.-64 Year-2017 Thana- BEN P.S. District- Nalanda ====================================================== DINANATH CHOUDHARY son of Krishna Choudhary Resident of Village - Gorawan, P.S.- Silao, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Ben P.S. Case No. 64 of 2017 registered for the offences punishable under Sections 498A, 341, 323, 307, 376 and 452/34 of the Indian Penal Code.

FIR has been registered on the basis of complaint petition and as per complaint petition there is allegation of demand and torture against accused persons and petitioner happens to be brother-in-law (Bahnoi) of complainant/informant and allegation against him is that he committed rape upon her and it further appears that she has not lodged any case. Submission of learned counsel for the petitioner is that after investigation the allegation of rape was not found true and charge sheet has been submitted under Section 498A IPC and no medical report is available on the record.

Patna High Court CR. MISC. No.59389 of 2019(2) dt.19-09-2019 2/2 Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Ben P.S. Case No. 64 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T