Raj Narain Das @ Rajnarayan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76277 of 2019 Arising Out of PS. Case No.-274 Year-2019 Thana- GORAUL District- Vaishali ====================================================== RAJ NARAIN DAS @ RAJNARAYAN DAS Son of Ramadhar Das Resident of Village - Bakhri Sultan, P.S.- Goraul (Kathara O.P.), Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Bela Singh, Adv For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-05-2020 This matter is taken up through video conferencing. Heard.

Petitioner seeks bail in a case registered for the offences punishable under Section 376,511,506,504 of the Indian Penal Code.

Allegation against the petitioner is that in the night of 08.08.2019, the petitioner entered into the house of the informant and attempted to ravish her. Informant is mother of three children. The allegation has been levelled in the background of the facts that wife of the petitioner had filed an informatory petition on 06.07.2019 in the court of learned Chief Judicial Magistrate, Hajipur. A copy is at Annexure-2. The wife of the petitioner had alleged that she and her husband had advanced loan to the family members of the informant of this

Patna High Court CR. MISC. No.76277 of 2019(3) dt.14-05-2020 2/3 case and they were not refunding the money and for that reason, an occurrence of abuse and assault had taken place and the informant and others had threatened to kill and to get implicated in any false criminal case.

Petitioner has got no criminal antecedent and he is in custody since 09.08.2019. Investigation of the case is already complete. There is no material to substantiate that the petitioner is going to tamper with the evidence or hamper the trial. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Goraul (Kathara O.P.) Police Station Case No.274 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. Accordingly, I.A.No.01 of 2020 also stands disposed off.

If the petitioner would not be able to furnish sureties due to the prevailing situation of lock-down, he shall be released

Patna High Court CR. MISC. No.76277 of 2019(3) dt.14-05-2020 3/3 provisionally on his personal bond. The provisional bail shall be confirmed after production of the sureties within two weeks of the start of normal function of the Court.

(Birendra Kumar, J) Nitesh/- U T