Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6506 of 2019 Arising Out of PS. Case No.-362 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== Sumit Kumar, aged about 20 years, Male, Son of Kishori Pandit Resident of Village- Anandpur, Gangoliya, P.S.-Saraiya, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Adv : Mr.Pravin Kumar, Adv : Mr.Malay Kumar Chaudhary, Adv For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341,342,323,376 of the Indian Penal Code.

According to FIR, the petitioner ravished to the informant and thereafter started committing assault against her when she made alarm. The people of nearby came there. Petitioner was found locked inside the room when he was apprehended and handed over to the police. Almost identical is the statement of the victim under Section 164 Cr.P.C. with changes that initially the petitioner assaulted and thereafter committed rape. The dispute of land for the last one month was

Patna High Court CR. MISC. No.6506 of 2019(3) dt.22-04-2019 2/2 the reason for occurrence.

Submission is that the aforesaid material would show that the land dispute is reason for false implication. Petitioner is in custody since 20.08.2018. Investigation of the case is already complete. Further submission is that the victim is mother of children and just to pressurize, false case has been lodged.

Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Saraiya Police Station Case No.362 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T