Allowed

Bachchu Rai and Anr. v. State Of Bihar and Anr.

Patna HC16 Sept 2015CR. MISC./37352/2015

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to petitioners Bachchu Rai and Naresh Rai in a complaint case involving multiple IPC offences. The petitioners alleged malicious filing due to a land dispute, citing delays and a counter-version of events. Bail was ordered on furnishing bonds and sureties under applicable bail provisions.

What did the court decide?

Petitioners admitted to bail in the named criminal complaint upon furnishing bail bonds of Rs. 10,000 each with two sureties.

Bachchu Rai and Anr. Vs State Of Bihar and Anr. — Cheating and Forgery | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37352 of 2015

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Arising Out of PS.Case No. -2116 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI)

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======================================================

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Bachchu Rai

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Naresh Rai Both son of Late Sukhdeo Rai, resident of village- Semrah Ghat, P.S.- Mehsi, District- East Champaran

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.... .... Petitioner/s Versus 1. The State of Bihar

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Sunaina Devi Wife of Vilas Rai R/O Village- Semara Ghat P.S.- Mehasi, District- East Champaran at Motihari

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. Bharat Bhushan(App)

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====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 16-09-2015 Heard learned counsel for the petitioners and the

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State.

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The petitioners are apprehending their arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 323, 448, 380, 354, 504 of the Indian Penal Code.

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The prosecution case is that petitioners came to the door of the complainant, abused her, entered into her house and made assault. On alarm being raised, the witnesses came to pacify the matter, then petitioner no. 1 Bachchu Rai pulled her sari and tried to commit rape. On protest being made by the witnesses, petitioner no.2

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Patna High Court Cr.Misc. No.37352 of 2015 (2) dt.16-09-2015

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namely Naresh Rai took away Rs. 20,000/- cash and

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clothes and ornaments worth Rs. 10,000/-.

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It is submitted by the learned counsel for the petitioners that the petitioners are agnates of the complainant and with regard to dispute of Gairmazarua land the complaint has been filed with malicious motive. For the occurrence of 20.08.2013 the complaint was filed on 22.08.2013. There is counter version of the occurrence also. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

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Considering the delayed lodging of the case and counter version of the occurrence, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sri R.K., IVth, Judicial Magistrate, Ist Class, Sadar Motihari in connection with Complaint Case No. 2116 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

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(Dinesh Kumar Singh, J)

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P.K./-

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U T

Bachchu Rai and Anr. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Bachchu Rai and Anr. v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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