Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 15052 of 2023 Arising Out of PS. Case No.-784 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Neeraj Kumar S/O Ramayan Singh Resident Of Village- Sion, P.S.- Bhabua, District- Kaimur At Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nitu Kumari D/O Shrawan Singh Resident Of Village- Machiaon, P.S.- Bhabua, District- Kaimur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Singh, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, Advocate For the State : Mr. Murli Dhar, APP ====================================================== 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 376, 506 of the Indian Penal Code.

As per FIR, the allegation against the petitioner is that he committed rape to the informant on gun point and also threatened her to kill her family.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The informant is a mature lady and she has already solemnized marriage with the petitioner and in support of this several photographs have been annexed but due to ulterior motive the

Patna High Court CR. MISC. No. 15052 of 2023(3) dt.20-06-2023 2/2 petitioner has falsely been implicated in this case. It is further submitted that FIR has been lodged after delay of approximately one and half year without given any cogent reason. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.12.2022.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhabua P.S. Case No. 784 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 C.J.M., Bhabua.

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