Chaiti Rai @ Pradeep Narayan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84680 of 2019 Arising Out of PS. Case No.-1516 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Chaiti Rai @ Pradeep Narayan Ray Son of Kishun Dayal Rai Resident of Village- Jagdishpur Baya, P.S.- Paroo, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dadan Tiwary S/o Late Radhe Mohan Tiwary Resident of VillageJagdishpur Baya, P.S.- Paroo, Dist- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in a case registered for the offence under sections 323, 457, 384, 388 and 504 of the Indian Penal Code.

As per the allegation in the complaint, the accused persons including this petitioner are said to have demanded Rangdari. It is stated that they took away the son of the complainant and only on payment of Rs. 17,000/-, by way of Rangdari they released his son.

It is submitted by learned counsel for the petitioner that both the petitioner as well as the complainant are resident of

Patna High Court CR. MISC. No.84680 of 2019(2) dt.19-12-2019 2/2 the same village. It is the complainant who had taken a loan of Rs. 17,000/- and on the petitioner asking for the same has filed this false case. The petitioner has no criminal antecedent. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the nature of allegation together with the fact that the occurrence is said to have taken place on 29.10.2017 but the complaint was lodged on 31.10.2017, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, in the event of his arrest or surrender in the court below within a period of six weeks from today in connection with Complaint Case no. 1516 of 2017 is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, West Muzaffarpur subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U