Sharwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11741 of 2023 Arising Out of PS. Case No.-101 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== Sharwan Kumar, aged about 28 years (Male) S/O Late Ramtulla Ravidas R/vDeshpura, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ujjawal Kumar Singh, Advocate For the State :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Gaya Mahila P.S. Case No. 101 of 2022 dated 10.11.2022 registered for the offence punishable under Sections 376, 376 2(d) (e) and 406 of the Indian Penal Code.

The allegation against the petitioner is that the informant who was pregnant had gone for checkup where before delivery of her child he committed rape with the informant and told that the twin child was born but was demanding money for handing over the second new born child.

Learned counsel for the petitioner submits that the petitioner is a Homeopath doctor who has not done any offence as alleged and he has been falsely implicated in this case. He

Patna High Court CR. MISC. No.11741 of 2023(2) dt.15-05-2023 2/2 has submitted that the informant was issueless and infertile and in search of a child he contacted the petitioner and falsely implicated him. He has further submitted that the Medical Officer has not reported any sign of intercourse or delivery of child of the informant. The petitioner is in jail custody since 12.11.2022, having no criminal antecedent.

Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Gaya in connection with Gaya Mahila P.S. Case No. 101 of 2022.

(Sunil Dutta Mishra, J) P. Kumar U