Rohit Kumar @ Pano @ Rohit Kukmar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27908 of 2024 Arising Out of PS. Case No.-118 Year-2023 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Rohit Kumar @ Pano @ Rohit Kukmar SON OF Shri Awdhesh Saw RESIDENT OF VILLAGE- JANPUR, PO- BIRUPUR, PS- BARAHIYA, DIST- LAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrit Abhijat For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Lakhisarai Mahila P.S. Case No. 118 of 2023, registered for the offences punishable under Sections 376, 354(B), 341, 323, 504, 506/34 of the IPC.
3. As per allegation, on a fateful day, when the informant was going to attend the call of nature, all of a sudden, the petitioner lying in ambush, pounced upon the victim, tied her mouth with clothes and committed rape upon her. He also threatened her with dire consequences had she narrated the incident to anyone.
4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.27908 of 2024(3) dt.13-08-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. He is a person of clean antecedent. He has submitted further that the independent witnesses in paragraph nos. 80 and 81 of the case diary have stated that there is love and affection between the petitioner and the alleged victim. In medical evidence, no sign of sexual assault was detected. The petitioner is under custody since 18.12.2023.
5. On the other hand, the learned APP for the State has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Lakhisarai in connection with Lakhisarai Mahila P.S. Case No. 118 of 2023, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) kundan/- U T