Nawal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5943 of 2022 Arising Out of PS. Case No.-423 Year-2021 Thana- TEKARI District- Gaya ====================================================== NAWAL KUMAR S/o Late Naresh Yadav R/o village- Dharampur, P.S.- Tekari, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No2 For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-06-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Tekari P.S. Case No. 423 of 2021, instituted for the offence under Sections 376, 504, 506 and 34 of the Indian Penal Code. As per F.I.R., on 25.08.2021 at about 10:00 P.M., the informant was alone in her house then Nawal Kumar entered into the house and forcibly committed rape.
Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He is in custody since 27.08.2021 and charge-sheet has been submitted. He has further stated that lady is a major aged about 30 years has been examined under Section 164 Cr.P.C. in which she has not disclosed any word about rape against the petitioner. She simply
Patna High Court CR. MISC. No.5943 of 2022(2) dt.09-06-2022 2/2 said that Nawal Kumar entered into the house in absence of her husband. Learned counsel further submits that it clearly shows that this is not a case of 376 of the Indian Penal Code. It is further stated that victim was medically examined by the doctor and the doctor has not found any external or internal injury and opined that there is no any evidence of recent sexual intercourse. Learned A.P.P. for the State vehemently opposes the prayer for regular bail application of the petitioner. Considering the fact that the petitioner is in custody since 27.08.2021, let the petitioner above named be released 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, Gaya, in connection with Tekari P.S. Case No. 423 of 2021.
(Khatim Reza, J) Ranjeet/- U T