Anjani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11049 of 2023 Arising Out of PS. Case No.-17 Year-2022 Thana- MAHILA P.S. District- Vaishali ====================================================== ANJANI KUMAR Son of Narendra Kumar Chaurasiya Resident of village - Jadhua Barai Tola, P.S.- Industrial Area, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 376, 504, 506/34 of the Indian Penal Code and Section 03 of Black Magic Act, 2013.

According to the FIR, the informant alleged the petitioner denied for solemnizing the marriage with her and exploited her sexually. Further, it is alleged that the mother of the petitioner also committed black magic upon her. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of prosecution case, it is apparent that the victim/informant had been living with the petitioner in relationship for four years which seems

Patna High Court CR. MISC. No.11049 of 2023(3) dt.20-06-2023 2/2 that both the parties are consensual. It is further submitted the victim/informant is major, aged about 27 years. It is also submitted vide para 11 of the petition that the informant lived in the house of the petitioner as tenant and when the petitioner demanded his due rent upon which, the informant lodged a false case against the petitioner. Moreover, the petitioner is languishing in judicial custody since 27.11.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Mahila P.S. Case No. 17 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 Sub-Divisional Judicial Magistrate, Vaishali at Hajipur.

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