Umesh Kumar Yadav @ Umesh Yadav @ Vishwanath Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14783 of 2023 Arising Out of PS. Case No.-62 Year-2022 Thana- MAHILA PS District- Buxar ====================================================== Umesh Kumar Yadav @ Umesh Yadav @ Vishwanath Babu Yadav Son Of Raj Kishor Yadav R/V- Babu Dera, P.S- Brahmpur, Dist-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2023 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 of the Indian Penal Code.

As per FIR, the allegation against the petitioner is that he committed rape to the informant on false pretext of providing job. It is further alleged that the petitioner has also kept educational certificate of the victim.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. The victim is a mature lady aged about 23 years and as per her statement recorded under Section 164 of the Cr.P.C., which is annexed with para 33 of the case diary, wherein she has

Patna High Court CR. MISC. No.14783 of 2023(3) dt.12-07-2023 2/2 stated that the petitioner compelled her to make physical relationship with him for providing job and she did so with her own sweet will. It is further submitted that the petitioner is languishing in judicial custody since 10.12.2022. 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 Buxar Mahila P.S. Case No. 62 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 SDJM, Buxar.

It is also submitted on behalf of the petitioner that the educational certificate of the victim will be provided by the petitioner after releasing from the custody.

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