Dharmendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65557 of 2023 Arising Out of PS. Case No.-303 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

DHARMENDRA RAI son of Lal Babu Rai Village- Bheriyahi Ps- Chiraiya Dist- East Champaran Motihari 2.

Jitendra Kumar son of Lal Babu Rai Village- Bheriyahi Ps- Chiraiya DistEast Champaran Motihari 3.

Satendra Kumar son of Lal Babu Rai Village- Bheriyahi Ps- Chiraiya DistEast Champaran Motihari 4.

Rakesh Rai @ Ramesh Rai son of Chhab Ela Rai Village- Maldilwa PsChiraiya Dist- East Champaran Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 364, 376, 504/34 IPC. 3.

Allegedly, one accused Ravindra Kumar with the help of petitioners and other accused persons kidnapped the informant with a view to marry her. Ravindra Kumar made physical relation with her and married her in temple, thereafter, the informant escaped from there.

4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.65557 of 2023(3) dt.22-01-2024 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged has ever taken place. There is no specific allegation against the petitioners rather the specific allegation to kidnap and marry the informant is against the co-accused Ravindra Kumar. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Town P.S. Case No.303 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T