Umashankar Rai @ Umashankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21929 of 2021 Arising Out of PS. Case No.-55 Year-2020 Thana- PUNAURA District- Sitamarhi ====================================================== Umashankar Rai @ Umashankar Kumar Son of Guderi Rai Resident of Village - Ranjitpur West, Police Station - Punaura, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Yogesh Chandra Verma, Sr. Advocate Mrs. Madhubala Verma, Advocate For the Opposite Party :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-01-2022 Heard learned senior counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Punaura P.S. Case No.55 of 2020 registered for offences under Sections 363, 365, 376 and 302/34 of the Indian Penal Code and Sections 4/6 of the Protection of Children from Sexual Offences Act, 2012.

In the FIR there is allegation of rape against the petitioner and thereafter murdering the girl but from the confessional statement of one co-accused Manoj Kumar it appears that the girl was in love with Manoj Kumar and they met in the night each other who had sex. Thereafter the girl left the house when the family members started searching for her.

Patna High Court CR. MISC. No.21929 of 2021(3) dt.20-01-2022 2/2 From post mortem report it is not clear that any rape was committed upon the girl and therefore, the petitioner cannot be sent jail merely on suspicion as there may be false implication of the petitioner.

Considering the aforesaid facts, the application for anticipatory bail is allowed.

Accordingly, let petitioner, above-named, in the event of his arrest or surrender within ten weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Sitamarhi in connection with Punaura P.S. Case No.55 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sandeep Kumar, J) BT/- U T