Raushan Kumar Yadav @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15932 of 2024 Arising Out of PS. Case No.-56 Year-2023 Thana- MAHILA PS District- Darbhanga ====================================================== Raushan Kumar Yadav @ Raushan Kumar Son Of Biso Yadav Resident Of Village-Nadikat Diwari, P.S.-Sadar, Dist.-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidyanath Prasad For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 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 Mahila P.S. Case No. 56 of 2023 dated 06.07.2023 registered for the offence punishable u/ss 376, 354C, 504, 506 read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have committed rape on the informant and made a video after which the petitioner started to threaten the informant to make the video viral and for which he demanded Rs. 6 lacs. After which the informant gave the

Patna High Court CR. MISC. No.15932 of 2024(3) dt.01-05-2024 2/3 said money to the petitioner. Further, the petitioner tried to repeat the same act on which the informant made noise and the petitioner fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the parties. Both the parties chose to have physical relationship. The informant is a major girl who is aged about 25 years who knows the consequence of the act of the petitioner. There is no statutory compliance of Section 53A and 164A of the Cr.P.C. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.12.2023.

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 above-named, 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, Darbhanga in

Patna High Court CR. MISC. No.15932 of 2024(3) dt.01-05-2024 3/3 connection with Mahila P.S. Case No. 56 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T