Ankush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9691 of 2023 Arising Out of PS. Case No.-472 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== ANKUSH KUMAR S/O LATE DHARMENDRA SINGH Resident of Village- Chaurashee, P.S.- Kari Parsurai, District- Nalanda. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghwendra Pratap Singh For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 342, 506, 420, 376, 34 of the Indian Penal Code and Section 66 of the Information & Technology Act, 2000.
3. According to the FIR, the petitioner along with coaccused namely, Madhurendra Singh are alleged to have taken the informant/victim to Orisa for providing employment but both of them committed rape her. They also made objectionable video of the victim and started blackmailing her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics.
Patna High Court CR. MISC. No.9691 of 2023(4) dt.03-10-2023 2/3 The alleged occurrence is said to be occurred on 15.4.2022 whereas the present FIR has been lodged on 19.8.2022 after delay of more than four months. According to statement of the victim recorded u/s 164 of the Cr.P.C., it appears the victim is major, aged about 22 years and she stated that she herself went to Orisa with the accused persons for getting employment. It is further submitted that although the victim herself lodged the FIR after her recovery, her statement u/s 164 of the Cr.P.C. has been recorded in delay after manipulating the facts. The petitioner has got no criminal antecedent as stated in para-3 of the bail and languishing in judicial custody since 8.9.2022.
5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner is named in the FIR against whom specific allegation has been made regarding having physical relation with the victim without her consent.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dariyapur P.S. Case No. 472 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.9691 of 2023(4) dt.03-10-2023 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 13th Saran at Chhapra. (Sunil Kumar Panwar, J) Amandeep/- U T