Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11652 of 2023 Arising Out of PS. Case No.-241 Year-2022 Thana- KHAJEKALA District- Patna ====================================================== Sanjay Kumar S/O Late Baiju Gope R/O Mohalla- Chowk Shikarpur Nalapar, P.S.- Chowk, At Present Behind City Court Renter Of Teni Gope, P.S.- Alamganj, District- Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Krishna Jha For the Opposite Party/s :
Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 342, 323, 376, 506 read with Section 34 of the Indian Penal Code.
As per FIR, the allegation against the accused person including the petitioner is that they committed rape to the informant's wife.
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 enmity. As per statement of the victim recorded under Section 164 of the
Patna High Court CR. MISC. No.11652 of 2023(3) dt.21-06-2023 2/2 Cr.P.C., which is annexed with case diary, wherein she has not stated about the complicity of the petitioner in this alleged occurrence. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 07.08.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khajekalan P.S. Case No. 241 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ist Class, Patna City. (Sunil Kumar Panwar, J) lata/- U T