Pintu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11734 of 2023 Arising Out of PS. Case No.-264 Year-2022 Thana- BATHNAHA District- Sitamarhi ====================================================== Pintu Sah, Son of Ram Chandra Sah @ Ram Chandra Prasad, R/v- Ram Nagra, P.S.- Riga, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 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 Section 376 of the Indian Penal Code.

Allegation against the petitioner is that he committed rape with victim/informant on the pretext of false promise of 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 due to dirty village politics. The F.I.R. has been lodged after the inordinate delay of four days. The informant is a major and mature lady and she made false and fabricated allegation against the petitioner. It is further

Patna High Court CR. MISC. No.11734 of 2023(3) dt.19-05-2023 2/2 submitted after perusal of case diary, it seems that the informant and the petitioner are consensual party. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 13.09.2022.

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 period of 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 Bathnaha P.S. Case No. 264 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. 1st Class, Sitamarhi. (Sunil Kumar Panwar, J) Niraj/lata/- U T