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Patna High Court - Orders

Bineshwar Rai @ Bindeshwar Rai vs The State Of Bihar on 11 December, 2019

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81905 of 2019
                     Arising Out of PS. Case No.-379 Year-2019 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Bineshwar Rai @ Bindeshwar Rai, Son of Late Chanarik Rai, Resident of
                 Village - Nisarpura, P.S.- Parsa Bazar, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shakti Suman Kumar
                 For the Opposite Party/s :      Mr.Ajay Kumar No. 2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                                       ORAL ORDER

2   11-12-2019

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the father of the husband of the informant, is languishing in custody since 14.10.2019 in a case registered for the offences punishable under Sections 498A and 313/34 of the Indian Penal Code.

The prosecution case is that the in-laws family members including the petitioner, being the father of the husband of the informant, administered some medicine, as a result, the informant's four months pregnancy got terminated.

It is submitted by learned counsel for the petitioner that the accusation is omnibus and general against the petitioner and other accused persons and for the alleged occurrence of 07.10.2019, the FIR has been registered on 09.10.2019 at 7.45 Patna High Court CR. MISC. No.81905 of 2019(2) dt.11-12-2019 2/2 P.M. whereas on the same day at 9.30 A.M., Naubatpur P.S. Case No. 646 of 2019 was registered for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code by the uncle of the informant of the present case, wherein, it is alleged that the daughter of the informant has been said and the petitioner is also named in the kidnapping case.

Learned APP submits that the petitioner is named in the FIR.

Considering the fact that the accusation is omnibus and general and accusation has been levelled against the in-law family members of the informant including the petitioner in the background of matrimonial dispute, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -cum- Sub-Judge VIII, Patna in connection with Parsa Bazar P.S. Case No. 379 of 2019.

(Dinesh Kumar Singh, J) DKS/-

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