Niranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7404 of 2023 Arising Out of PS. Case No.-16 Year-2022 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Niranjan Kumar, Son of Brahmdeo Yadav, R/v- Gohari, P.S.- Kiul, DistrictLakhisarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajnish Chandra For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 376 and 379/34 of the Indian Penal Code. The prosecution case in nutshell is that informant was in relation with the petitioner for 8 years. On 7.5.2022, at the pretext of marriage, petitioner called the informant along with her ornaments in the orchard. They made physical relation and thereafter the petitioner took her to his house. It is further alleged that family members of the petitioner (co-accused persons)
Patna High Court CR. MISC. No.7404 of 2023(3) dt.17-05-2023 2/3 denied for the marriage. It is further allege that accused persons snatched her ornaments.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is an inordinate delay of five days in lodging the F.I.R. There is case and counter case between the parties. Victim is aged about 23 years ie. she is major and mature minded lady and it seems from the prosecution that sexual relation has been established with consent of both the parties. Moreover, the petitioner is languishing in judicial custody since 2.11.2022. A statement has been made in para 3 of the petitioner that petitioner has got no criminal antecedent.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court
Patna High Court CR. MISC. No.7404 of 2023(3) dt.17-05-2023 3/3 is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahila Lakhisarai P.S. Case No. 16 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Lakhisarai. (Sunil Kumar Panwar, J) nirajkrs/lata/- U T