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Patna High CourtCR. MISC./16995/2024allowed

Ramesh Bind @Ritesh Bind@ Ritesh Kumar @ Ritesh Kr Bind v. The State Of Bihar

2024-03-14Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16995 of 2024 Arising Out of PS. Case No.-2 Year-2023 Thana- MAHILA P.S. District- Bhojpur ====================================================== Ramesh Bind @Ritesh Bind@ Ritesh Kumar @ Ritesh Kr Bind Son Of Raman Bind @ Raman Kumar Bin Resident Of Village- Kalyanpur, PsBehiya, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Govind Mishra, Adv.

For the State :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 376D/34 of the Indian Penal Code and Sections 67, 67A of the I.T. Act.

3. It is a case of commission of gang rape with the informant by all the FIR named accused persons including the petitioner. It is alleged that the other co-accused made video of the wrong doing act.

Patna High Court CR. MISC. No.16995 of 2024(2) dt.14-03-2024 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. From the perusal of the FIR, there is general and omnibus allegation against the petitioner. For the alleged occurrence of 13.01.2023, the FIR was registered on 15.01.2023. without explaining the delay, The victim is a married woman, who is aged about 19 years having a child. The medical report of the victim annexed with the case diary, does not suggest any recent sexual assault upon her. It is also submitted that the victim is a woman of questionable character. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 09.01.2024 passed in Cr. Misc. No. 68689 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.01.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.16995 of 2024(2) dt.14-03-2024 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-10th, Bhojpur in connection with Mahila P.S. Case No. 2 of 2023.

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