Khuti Dewan @ Kamre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11063 of 2024 Arising Out of PS. Case No.-90 Year-2023 Thana- SATHI District- West Champaran ====================================================== Khuti Dewan @ Kamre Alam Son Of Motor Dewan @ Asamahamad VillageChand Barwa Ps- Sathi District- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 342, 323, 427, 379, 354, 354(A), 376, 376(D) of the Indian Penal Code.

As per allegation in the FIR, allegation against the petitioner and other co-accused persons is that they outraged the modesty of the informant and also ravished her.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.11063 of 2024(2) dt.22-02-2024 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The name of petitioner sprang up in this case on the basis of confessional statement of co-accused Firhad Alam @ Laddan. It is further submitted that an altercation held between the members of orchestra group and coaccused Firhad Alam @ Laddan on account of poor and dirty performance by the orchestra party and due to which, the orchestra program was compelled to be stopped at premature stage. Moreover, the petitioner is languishing in judicial custody since 22.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated several co-accused persons have been granted bail by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.11063 of 2024(2) dt.22-02-2024 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sathi P.S. Case No. 90 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge, Bettiah, West Champaran.

(Sunil Kumar Panwar, J) Nirajkrs/- U T