Lal Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10446 of 2023 Arising Out of PS. Case No.-293 Year-2020 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== LAL BABU SINGH S/O LATE RAM NANDAN SINGH Resident of Village- Dostpur, P.S.- Bathnaha, District- Sitamarhi. ... ... Petitioner

Versus

1.

The State of Bihar 2.

SANJHA DEVI W/O RAJ NANDAN SINGH Resident of Village- Kapraul Siroman Sitamarhi, P.S.- Riga, District- Sitamarhi. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Thakur, Advocate For the Opposite Party/s :

Mr.Binod Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 323, 504, 376/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner committed offence of rape with opposite party no.2 on the point of knife.

4. Learned counsel appearing for the petitioner submits that the petitioner is a revenue clerk and when he did not submit a favourable report for mutation of a piece of land in her name, opposite party no.2 got instituted this false case. Earlier also, husband of opposite party no.2 had filed Complaint Case No. 959/2018 against the petitioner as well as Circle Officer and other staff of the Circle office which was dismissed. innocent and has falsely been implicated in this case. Petitioner claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of

Patna High Court CR. MISC. No.10446 of 2023(3) dt.07-05-2024 2/2 arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Sitamarhi in Complaint Case No. C1 of 293 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T