Chhotan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13534 of 2024 Arising Out of PS. Case No.-415 Year-2023 Thana- OBRA District- Aurangabad ====================================================== Chhotan Kumar, Aged about 19 years, Gender-Male, Son of Ram Balak Saw, Resident of Village- Khuthan, P.S.- Obra, District- Aurangabad ... ... Petitioner/s
Versus
1.The State of Bihar
2. Riti Kumari, Aged about 18 years, Female, D/o-Ram Awtar Choudhary, R/o Village-Aghaura, P.S.-Obra, District-Aurangabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tej Narayan Singh, Advocate For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Obra P.S. Case No. 415 of 2023 dated 02.10.2023 registered for the offences punishable under Sections 376 and 511/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and coaccused persons are alleged to have tried to commit rape on the informant on the point of knife.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case at the instance of
Patna High Court CR. MISC. No.13534 of 2024(4) dt.10-07-2024 2/2 relation with other co-accused persons. There is no specific allegation against the petitioner. As per statement of the victim recorded u/s 164 of Cr.P.C. she has not disclosed the name of the petitioner. She has only made allegation against three persons of touching her with wrong intention. The petitioner has surrendered before the learned Court below but other two co-accused are absconding now. The petitioner has a clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.10.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabd in connection with Obra P.S. Case No. 415 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) lata/- U T