Raghunath Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77508 of 2019 Arising Out of PS. Case No.-266 Year-2017 Thana- BANIAPUR District- Saran ====================================================== RAGHUNATH RAI S/O Late Narsingh Rai R/o village- Satuan, P.S.- Baniapur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-12-2019 Heard learned counsel for the parties.
Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302 and 376G of the Indian Penal Code.
Informant in his written complaint has alleged that on 06.10.2017 while family members had gone for worship and his sister and niece Rekha Kumari were at home and Rekha Kumari went outside to attend the call of nature but thereafter she did not return and on the next day her dead body was found. Informant has raised suspcion against accused Santosh Rai, Niraj Panheri and Ravi Kumar Prasad, of committing murder and rape of his niece and petitioner has been named as one of the conspirator.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.77508 of 2019(3) dt.02-12-2019 2/2 petitioner is 75 years old and is not related with the accused named in the FIR. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to animosity and land dispute with the informant. Petitioner has got no criminal antecedent.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above in the event of his/her arrest or surrender before the court below within a period of four weeks, be released on anticipatory bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Baniyapur P.S. Case No. 266 of 2017, subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(S. Kumar, J) ranjan/- U