Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38139 of 2012 ===================================================== 1. Nawal Rai @ Nawal Ray. 2. Manoj Rai @ Manoj Ray. Both sons of Shital Ray. Both residents of village-Muza Pakari (Muza Bangra), P.S. Dewariya, District-Muzaffarpur. .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------------- 2 12-10-2012 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners are accused in Kessariya P.S. Case No.37 of 2012 registered under [STATUTE] . Learned counsel appearing on behalf of the petitioners made submission that both the petitioners are full brothers and they had gone to the sasural village of their brother at Benipur, where the petitioner no.1, Nawal Rai alias Nawal Ray, was caught hold of on mere suspicion for the kidnapping of Sanawati Kumari, the sister of the informant, Sunil Kumar Sah. It is further submitted that the statement of the victim, Sanawati Kumari, was recorded under [STATUTE] , in which she has not stated a single word against the petitioner no.2, Manoj Rai Patna High Court Cr.Misc. No.38139 of 2012 (2) dt.12-10-2012 2 / 2 2 alias Manoj Ray and as far as against the petitioner no.1, Nawal Rai alias Nawal Ray, is concerned, she has also not disclosed his name. Learned counsel for the petitioners further submits that the petitioner no.1, Nawal Rai alias Nawal Ray, is in custody since 7.3.2012 whereas the petitioner no.2, Manoj Rai alias Manoj Ray, is in custody since 13.3.2012. Having regard to the facts and the circumstances of the case, the petitioners abovenamed, are directed to be released on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Kessariya P.S. Case No.37 of 2012. P.S./- (Rajendra Kumar Mishra, J)

Applicable IPC Section: 164

Statute Text:
Section 164 of the Indian Penal Code. Abetment by public servant of the offences defined in the last two preceding clauses with reference to himself. Repealed by the Prevention of Corruption Act, 1988