IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7324 of 2009 DINESH KUMAR RAI Son of Lakshman Rai resident of village Parsauniya P.S. Mahua Dist. Vaishali Petitioner Versus STATE OF BIHAR Opposite party ----------- 3 01.05.2009 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner is accused for offences punishable under section 363A of the Indian Penal Code and 3(X) of the Scheduled castes and Scheduled tribes (Prevention of Atrocities) Act, 1989. Learned counsel for the petitioner submits that allegation against the petitioner is absolutely false and fabricated as in paragraph 73 of the case diary the statement of a witness is specifically noted stating that the petitioner had scolded his son for study where after the son of the petitioner along with son of the informant ran away from the village and they had been acting as courier for smugglers on the Indo-Nepal border and the son of informant has been arrested. He further submits that in paragraph 107 of the case diary it has come in evidence that son of the informant had earlier come to the village where after he had again left. Leaned counsel for the petitioner also avers that there is no specific allegation against the petitioner and he is being unnecessarily incarcerated in custody since October, 2008. Learned counsel for the Informant vehemently opposes the prayer for bail but in the facts and circumstances, this petition for bail is allowed. Let the petitioner, namely, Dinesh - 2 - Kumar Rai be released on bail on furnishing bail bond of Rs 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali in Mahua P.S. case no. 273 of 2005. shahid (S.N.Hussain, J)