Ambar Kumar Sah @ Laltu Sah @ Ambar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24780 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== Ambar Kumar Sah @ Laltu Sah @ Ambar Kumar son of Tej Narayan Sah Vill- Diwanganj ward no. 4 Thana Sadar Muffasil District- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Sadar (Muffasil) P.S. Case No. 36 of 2024 lodged on 11.01.2024 for the offences punishable under Section 365, 354B, 376, 379, 506 of the Indian Penal Code.
3. As per the prosecution story, F.I.R. has been lodged against the present petitioner with an allegation the he has kidnapped the informant and committed rape upon her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that petitioner has clean antecedents. From the content of the F.I.R., it transpires that the informant is major, married woman aged about 23 years. He submits that whatever allegation made in the F.I.R. does not disclose that any force has been applied on the informant. Counsel submits that the present
Patna High Court CR. MISC. No.24780 of 2024(2) dt.01-05-2024 2/2 F.I.R. has been lodged by the informant to teach the petitioner a lesson who is running fertilizer shop in the locality. He submits petitioner run the fertilizer shop and informant's family member has purchased the fertilizer but payment was not done. When pressure was made by the petitioner upon the informant's family to pay the dues of the fertilizer then with a view not to return the money, present case has been filed.
5. Learned APP for the State opposes the prayer for bail and submits that in the rejection order, the age of the alleged victim was 22 years i.e. she was major.
6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest of surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs. 30,000/- (Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea subject to the condition as laid down under Section 438(2) Cr.P.C.
(Dr. Anshuman, J) Sunnykr/- U