Akash Kumar @ Akash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6552 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- MAHILA P.S. District- Saran ====================================================== AKASH KUMAR @ AKASH Son of Suresh Singh @ Bairagi Singh Resident of Village - Kasina, P.S.- Garkha in the District of Saran. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Shyameshwar Kumar Singh, Advocate Mr. Ranjeet Kumar, Advocate For the State :

Mr. Nand Kishore Prasad, APP For the Informant :

Mr. Mukesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of the informant.

The petitioner apprehends his arrest in connection with Saran Mahila P.S. Case No.75 of 2022, registered for the offences punishable under Sections 376 and 420 of the Indian Penal Code. The petitioner is said to have committed rape with the daughter of the informant on the pretext of marriage. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is also submitted that the petitioner and the victim girl are major. Learned

Patna High Court CR. MISC. No.6552 of 2023(2) dt.13-04-2023 2/2 counsel for the petitioner relies upon a judgment of the Hon'ble Supreme Court in the case of Pramod Suryabhan Pawar vs. The State of Maharashtra & Anr., passed in Criminal Appeal No.1165 of 2019/(SLP (Cri) No.2712 of 2019).

Learned APP for the State as well as learned counsel for the informant opposed the prayer for grant of anticipatory bail to the petitioner by submitting that the victim girl has supported the allegation in her statement recorded under Sections 164 as well as 161 Cr.P.C. at paragraph 5 and 27 of the case diary. Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection with Saran Mahila P.S. Case No.75 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T