Patna High Court - Orders
Parmanand Rai & Anr vs State Of Bihar on 13 July, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.19615 of 2010
1. PARMANAND RAI, S/o Sri Lakhan Rai
2. Chhote Lal Rai, S/o Late Laxmi Rai.
Versus
STATE OF BIHAR
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3. 13-07-2010Petitioners are apprehending their arrest in complaint case in which cognizance has been taken under section 376 of the Indian Penal Code.
It is alleged in the complaint petition that on 08-08- 2006 at 4/5:00 P.M. two persons committed rape of the daughter of the informant for which complaint was filed on 09-08-2006. During enquiry the Magistrate dismissed the complaint petition due to contradictory version of the complainant as well as the other witnesses. Subsequently, that order was challenged before the court of Sessions and on remand the cognizance order was passed.
The background in which the present case has been lodged is necessary to be scanned.
The complainant is in habit of lodging frivolous cases against various persons. Complainant initially mortgaged the land in favour of the petitioner no. 1, for which a Panchayati was done for payment of money vide Annexure-2. Complainant lodged Patori P.S. Case No. 2 113/08 under sections 341, 323, 379, 504, 376, 511/34 of the Indian Penal Code against the other villagers. Thereafter, complainant lodged complaint case no. 171/05 against petitioner Parmanand Rai and others on 24-02-2005 levelling allegation of extortion and assault in which cognizance has been taken under section 323 of the Indian Penal Code. Thereafter, husband of the complainant lodged a complaint to the Superintendent of Police, Samastipur against the petitioner which was enquired by the police on the direction of the Superintendent of Police which was found to be false and frivolous which gets reflected from Annexure-6.
Considering the fact that initially the complaint was dismissed and on remand cognizance has been taken. Further more petitioners and complainant were on litigating terms from before and the complainant is in habit of lodging frivolous cases against the people ,let petitioners above named be released on anticipatory bail in the event of their arrest and/or surrender within a period of 12 weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Complaint Case No. 824 of 3 2006.
Sujit (Dinesh Kumar Singh, J)