Patna High CourtCR. MISC./22540/2023bail granted

Gutul Kumar @ Butul Kumar v. The State Of Bihar

2023-05-22Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22540 of 2023 Arising Out of PS. Case No.-132 Year-2021 Thana- GORIAKOTHI District- Siwan ====================================================== GUTUL KUMAR @ BUTUL KUMAR Son Of Shivnath Rawat @ Shivnath Mushar R/O Village- Chhitauli Kala, P.S.- Goreakothi, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Goreakothi P.S. Case No. 132 of 2021, dated 02.08.2021 registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that the petitioner has been languishing in jail since 25.12.2022 having fair and clean antecedent and the so-called victim is aged about 18 to 20 years as per her medical report and she has recorded her statements under Sections 161 and 164 of Cr.P.C. and in view of the facts as stated by her, the alleged offence of Section 363 of I.P.C. is not made out in this case and before the Judicial Magistrate she stated that she solemnized

Patna High Court CR. MISC. No.22540 of 2023(2) dt.22-05-2023 2/2 marriage with this petitioner and is residing along with him. Further submission is that as per FIR the alleged occurrence took place on 28.06.2021 but the FIR was lodged on 02.08.2021.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly the facts revealed by the victim in her statement recorded before the Judicial Magistrate under Section 164 of Cr.P.C. as discussed in the order impugned which goes against the allegation levelled in the FIR and the petitioner has fair and clean antecedent and against him the investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Goreakothi P.S. Case No. 132 of 2021. (Shailendra Singh, J.) maynaz/- U T