Allowed

Neyaj Dewan @ Niyaj Dewan v. The State of Bihar

Patna HC12 Apr 2019CR. MISC./23601/2019

Case brief

AI extract

What is this about?

The High Court of Patna granted bail to the petitioner, who accused of rape and aiding abetment alleged to involve intoxication. The court directed execution of a bail bond with two sureties to the Special Judge, Excise. The order noted the lack of breathalyzer test at the time of remand.

What did the court decide?

Petitioner released on bail on execution of bond of Rs. 10,000 with two sureties of the like amount each.

Neyaj Dewan @ Niyaj Dewan Vs The State of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23601 of 2019

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Arising Out of PS. Case No.-104 Year-2018 Thana- BALTHAR District- West Champaran

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

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NEYAJ DEWAN @ NIYAJ DEWAN Son of Muslim Dewan R/o villageBaisakhwa, P.S.- Gopalpur, District- West Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey For the Opposite Party/s : Mr.Pronoti Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

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ORAL ORDER

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2 12-04-2019

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As prayed for, learned counsel for the petitioner is

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permitted to make necessary correction in paragraph-1 of the bail petition.

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Heard learned counsel for the petitioner and learned A.P.P. representing the State.

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The petitioner seeks bail in connection with Balthar

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P.S. Case No. 104 of 2018 registered under Sections 376 and 511 of the Indian Penal Code and Section 37(c) of Bihar Prohibition and Excise Act, 2016.

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The accusation is that in the evening of 30.10.2018, petitioner reached at the house of the informant and sat on her

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bed and started using filthy language and tried to caught hold

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Patna High Court CR. MISC. No.23601 of 2019(2) dt.12-04-2019 2/2

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her hand and in between her clothe has torn. Petitioner has also tried to cover her mouth with intention to outrage her modesty.

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The learned counsel appearing on behalf of the petitioner submits that petitioner is not resident of the same village rather he was passing through her village and on mere suspicion petitioner has falsely been implicated in this case. Further submission is that when the petitioner was remanded, he was not put on breath analyzer for test of consumption of alcohol. Petitioner has no criminal antecedent and he is in jail since 31.10.2018.

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Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Bettiah, West Champaran in connection with Balthar P.S. Case No. 104 of 2018.

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(Rajendra Kumar Mishra, J)

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sushma/- U T

Neyaj Dewan @ Niyaj Dewan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Neyaj Dewan @ Niyaj Dewan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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