Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7001 of 2023 Arising Out of PS. Case No.-37 Year-2022 Thana- MAHILA PS District- Aurangabad ====================================================== SANJAY KUMAR Son of Ram Ashish Das, Resident of Village - Goh, P.S.- Goh in the district of Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Aurangabad Mahila P.S. Case No. 37 of 2022, registered for offence punishable under section 376 of the Indian Penal Code.

The marriage negotiation was going on between the petitioner and the prosecutrix. The allegation is that the petitioner brought the prosecutrix in Radha Rani Hotel and committed rape upon her.

The learned counsel for the petitioner has submitted that the matter has been compromised and the Xerox copy of compromise petition, duly signed by the parties, has been

Patna High Court CR. MISC. No.7001 of 2023(2) dt.11-05-2023 2/2 annexed with the record.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar Aurangabad in connection with Aurangabad Mahila P.S. Case No. 37 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) At the time of furnishing bail bond, the petitioner shall file an affidavit to the effect that he shall not indulge himself in future in the similar type of offence. If it is found so, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T