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Patna High CourtCR. MISC./10852/2023allowed

Rana Kumar Ranbir v. The State Of Bihar

2023-04-19Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10852 of 2023 Arising Out of PS. Case No.-681 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Rana Kumar Ranbir S/O Laxman Mandal R/O Village And P.S- Bhimpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mrs.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 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 connection with Supaul P.S. Case No. 681 of 2022 registered under sections 493, 313, 376, 307, 120(B), 506 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Allegation against the petitioner is that he committed rape several times with the victim for more than six months on the pretext of marriage. Further alleged that he along with other co-accused persons established physical relation with the victim and threatened her to kill. It is also alleged that the petitioner forcefully made her abortion in connivance with other coaccused persons and demanded Rs. 10 lakh as a dowry for

Patna High Court CR. MISC. No.10852 of 2023(2) dt.19-04-2023 2/3 performing marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that that this matter seems to be consensual physical relation between the informant(victim) and the petitioner as the informant is matured and major woman. It is also submitted that as per F.I.R. it is evident that on 13.01.2022, the informant went to the petitioner whereas the present case has been lodged on 15.07.2022 i.e., more than six months which clearly shows that the informant and her family members has lodged a false case against the petitioner to implicate him. Moreover, he is languishing in judicial custody since 02.09.2022.

The application for bail is vehemently opposed by learned APP for the State and learned counsel for the informant and further submitted that the petitioner established physical relationships with the informant on the pretext of solemnization of marriage but later on he retracted to marry with her. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.10852 of 2023(2) dt.19-04-2023 3/3 directed to be enlarged on bail in connection with Supaul P.S. Case No. 681 of 2022 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 Chief Judicial Magistrate, Purnia.

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