Madan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11378 of 2022 Arising Out of PS. Case No.-106 Year-2021 Thana- MAHILA PS District- Darbhanga ====================================================== Madan Bhagat Son Of Rambilas Bhagat R/O Village- Kokat, P.S.- Bahadurpur (Pator O.P.), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushalesh Choudhary For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2022 Heard both parties.

The petitioner seeks bail in Mahila P.S. Case No. 106 of 2021, registered for the offence punishable under Sections 376, 323, 506 and 34 of the Indian Penal Code. As per the prosecution case, on 14.10.2021 in night 12.00 to 1.00 AM, while the informant was sleeping with her children, this petitioner entered into her house and committed rape with her and her husband is residing at Hyderabad. It is further alleged that petitioner committed rape with the informant since last six months.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to dispute of Rasta between the parties. It is next submitted that the alleged occurrence took place since last six months, but the FIR was

Patna High Court CR. MISC. No.11378 of 2022(2) dt.05-05-2022 2/2 lodged on 25.10.2021 without any plausible explanation. It is next submitted that now the dispute between the parties has been settled and a joint compromise petition duly signed by the parties and a petition for permission to compound the case have also been filed. The informant is major. Petitioner claims clean antecedent and he is in custody since 26.10.2021. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, FC, Darbhanga in connection with Mahila P.S. Case No. 106 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T