Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8084 of 2024 Arising Out of PS. Case No.-38 Year-2022 Thana- MAHILA PS District- Aurangabad ====================================================== Chandan Kumar Singh Son Of Birendra Singh Village- Ratanua Ps -aurangabad (m) District -aurangabad ... Petitioner

Versus

1. The State Of Bihar

2. Priya Kumari ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Senior Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Binod Kumar, Addl Public Prosecutor Mr AK Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner, the State and opposite party no.2 .

2. The petitioner seeks bail in a case registered for the offence punishable under sections 376, 341, 323, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, petitioner committed rape on the informant/ opposite party no.2.

4. Learned counsel appearing for the petitioner submits that the petitioner is a farmer and he has got no concern with alleged occurrence in any manner rather he is himself a victim in this case due to land dispute between his father and his uncle, namely, Harendra Singh. Even son of said Harendra Singh has already lodged two criminal cases against the petitioner which is mentioned in paragraph 3 of the bail petition. Police after investigation submitted final form against the petitioner but the Court below differing with the same took cognizance of the offence. From perusal of final form it is evident that witness no.2 is wife of said Harendra Singh and witness no.3 is his daughter-in-law. The board of Doctors did not find any mark of violence on her body. Petitioner is in custody since 28.11.2023.

Patna High Court CR. MISC. No.8084 of 2024(3) dt.19-04-2024 2/2

5. Learned counsel for the State as well as the opposite party no.2 oppose the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. 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 the Sub Divisional Judicial Magistrate, Aurangabad in Aurangabad Mahila Police Station Case No. 38 of 2022.

(Prabhat Kumar Singh, J) Shashi U T