← Library
Patna High CourtCR. MISC./80122/2024allowed

Vinod Kumar Rai @ Binod Kumar @ Binod Kumar Rai v. The State Of Bihar

2024-12-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80122 of 2024 Arising Out of PS. Case No.-6 Year-2023 Thana- HATHAURI District- Samastipur ====================================================== Vinod Kumar Rai @ Binod Kumar @ Binod Kumar Rai Son of Ganesh Rai @ Ganesh Prasad Rai Resident of Village - Dasut, P.S. - Hathauri (Shivajinagar OP), District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udeshya Yadav, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 379, 504, 506/34 of the IPC and 3/4 of the Dayan Act.

3.

Allegedly, the petitioner along with other co-accused persons have abused, assaulted the informant and tried to outrage her modesty. It is further alleged they also snatched her mangalsutra worth Rs. 1,25,000/-.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. After investigation,

Patna High Court CR. MISC. No.80122 of 2024(2) dt.04-12-2024 2/2 police submitted final form case and found false case against the petitioner. The learned court below differing the final report submitted by the police took cognizance against the petitioner. There is admitted land dispute between the parties. Petitioner has one criminal antecedent as mentioned in para 3 of the bail application.

5.

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

Having regard to the facts and circumstances of the case, and considering the arguments of the parties, let the above named petitioner, be released on bail, in the event of his 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) 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 Hathauri (Shivajinagar O.P.) P.S. Case No.06 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) priyanka/- U T