Bipul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18099 of 2020 Arising Out of PS. Case No.-147 Year-2019 Thana- District- Patna ====================================================== BIPUL KUMAR, S/o Mani Shekhar Prasad, Resident of Mohalla- Transport Nagar, In front of D.A.V. School, P.S.- Agamkuan, District- Patna- 800026. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh (APP) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence).

CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-09-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 376(D), 420, 324 of the Indian Penal Code.

Allegation against the FIR named accused including the petitioner is to have committed rape upon the informant.

It has been submitted that petitioner is innocent and has been falsely implicated in this case. Victim was examined by Board of Doctors and they did not find any sign of injuries on her private part or her body and further assessed her age to

Patna High Court CR. MISC. No.18099 of 2020(3) dt.10-09-2020 2/2 be between 20-22 years. Similarly placed co-accused has been granted bail by a coordinate bench of this court vide order dated 28.02.2020 passed in Cr. Mis. No. 11640 of 2020. Petitioner is in custody since 13.12.2019 having no criminal antecedent. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Mahila P.S. Case No. 147 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T