Patna High CourtCR. MISC./20959/2025bail granted

Anuj Kumar v. The State Of Bihar

2025-04-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20959 of 2025 Arising Out of PS. Case No.-590 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Anuj Kumar, S/O Sri Ram Khelawan Ravidas @ Ram Khelawan Das, Resident of Village - Beri, P.S- Dhangai, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar 2.

X, D/O Krishna Vishwakarma Resident of Village - Sarwan Bazaar, P.SBarachatti, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ritwik Thakur, Adv.

Mrs. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-04-2025 Heard Mr. Ritwik Thakur, learned counsel for the petitioner and Mr. Kalyan Shankar, learned APP for the State.

2. Petitioner seeks regular bail in connection with Sessions Trial No. 566 of 2024/05 of 2024 arising out of Barachatti P.S. Case No. 590 of 2023 dated 24.06.2023 registered for the offences punishable under sections 341, 323, 376, 504 and 506 read with section 34 of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that the informant, who is said to be the victim, was admittedly a major girl when the alleged occurrence started to have been committing by this petitioner and as per her allegation, she was having love affair with this petitioner for past 4 years and on the pretext of marriage, the petitioner established physical

Patna High Court CR. MISC. No.20959 of 2025(2) dt.28-04-2025 2/2 relationship with her and the narration of the incident in the FIR clearly shows that the alleged occurrence of rape is not made out in the present case and the petitioner has fair and clean antecedent and has been languishing in jail since 26.01.2024. It is further submitted that the victim (informant) gave a completely different version of the story before the learned Magistrate while recording her statement under section 164 of Cr.P.C.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. Considering the aforesaid submissions and mainly the petitioner's young age, his fair and clean antecedent as well as his custody period, this Court is inclined to grant the relief of bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Sessions Trial No. 566 of 2024/05 of 2024 arising out of Barachatti P.S. Case No. 590 of 2023.

(Shailendra Singh, J) annu/- U T